Landlord want us to go direct , advice please

Will123321

Hi. I would like for some advice from people who have been in such situation. The landlord wants to take over the property and we spoke before that he will want us to get in contract with him. He also mentioned to finish earlier the contract with agency and to start with him. I spoke to agency and agency asked what date we have in mind. However, I am a bit worried that the landlord could kick us if he want if we will inform the agency about early termination date. Any advice please? Cheers

El_Torro

I wouldn't talk to the agency about this. Let the landlord sort it out with the agency. Ultimately the landlord can do what he likes, it's up to him to discuss the arrangements of the change with the letting agency. 

If you are in contract then your contract is with the landlord, not with the letting agent. The letting agent is just an intermediary. Whether you are in contract or not the landlord has the same ability to kick you out whether he's using the agency or not.

If you're concerned that the landlord might ask you to leave it's worth you knowing what the right procedure is that he has to follow and what your options are.

Will123321

El_Torro said:

I wouldn't talk to the agency about this. Let the landlord sort it out with the agency. Ultimately the landlord can do what he likes, it's up to him to discuss the arrangements of the change with the letting agency. 

If you are in contract then your contract is with the landlord, not with the letting agent. The letting agent is just an intermediary. Whether you are in contract or not the landlord has the same ability to kick you out whether he's using the agency or not.

If you're concerned that the landlord might ask you to leave it's worth you knowing what the right procedure is that he has to follow and what your options are.

Thanks for reply. Basically he told us in advance that he will give us section 21 but he wants us to go direct with him on contract as is not happy with agency. 

He also asked us to let agency know that we would like to terminate the contract with agency earlier so we could go direct with landlord next month. 

The question is, if we will inform agency that our date will be this month and somehow the landlord changes his mind, can he want us out by end of the month? 

housebuyer143

He doesn't need to issue you a section or a new contract, he just gives the agent notice and then that's it. You are already in a contract with him. 
I wouldn't worry though, if he serves you notice and then gives you a new contract then the notice is disregarded so you don't have to leave. 

Do not confuse matters by discussing dates with the agent. The landlord does this based on his terms of business. Just wait to hear from your landlord of the date he is now managing it.

It kind of sounds like he wants you to give notice to leave to the agent so he can take over, and if this is the case DO NOT do that. If you give notice then you potentially will have to leave if no new contract is forthcoming. At the moment and until you have a s21 notice, your current contract is legally binding.

Will123321

housebuyer143 said:

He doesn't need to issue you a section or a new contract, he just gives the agent notice and then that's it. You are already in a contract with him. 

I wouldn't worry though, if he serves you notice and then gives you a new contract then the notice is disregarded so you don't have to leave. 

He haven’t gave us yet new contract. He said that he will send the contract once the agency agrees on an early termination date. That’s what I’m worried about. As he could just tell us to leave on the date of earlier termination 

DullGreyGuy

housebuyer143 said:

He doesn't need to issue you a section or a new contract, he just gives the agent notice and then that's it. You are already in a contract with him. 

I wouldn't worry though, if he serves you notice and then gives you a new contract then the notice is disregarded so you don't have to leave. 

Do not confuse matters by discussing dates with the agent. The landlord does this based on his terms of business. Just wait to hear from your landlord of the date he is now managing it.

With our former landlord she had to pay the agency their margin for as long we were tenants even if they weren't managing it for her. Hence when she wanted rid of the agency she requested we "played along" and tell them we were leaving and she'd tell them her daughter was moving back in so didnt need to put it back on the market whereas in practice we'd just continue to live there and in exchange she wouldn't increase the rent at the next two renewals as it was covered by her savings from the agency. 

El_Torro

Your landlord has told you that he is going to issue a Section 21 to evict you and he wants you to do him a favour by asking you to speak to the agency to end your contract? Sounds very odd. 

Are you currently in contract? When does your contract end? If you aren't in a contract then the landlord still needs to give you at least 2 months notice. Even then you are not forced to leave when the 2 months is up, though if the landlord goes to court to evict you this is something you probably want to avoid. 

This is assuming your landlord issues the Section 21 correctly. A big assumption to make, a lot of landlords get it wrong.

If your landlord is simply trying to get out of his contract with the letting agent and not trying to evict you then I reiterate: This is his problem, not yours. I wouldn't talk to the letting agent about it, let the landlord do it.

Will123321

Your landlord has told you that he is going to issue a Section 21 to evict you and he wants you to do him a favour by asking you to speak to the agency to end your contract? Sounds very odd. 

Yes, that's exactly what happened. We already received the section 21, and he asked us if we want to terminate the contract with agency earlier to go direct with him, or wait until the contract finishes next year.

Are you currently in contract? When does your contract end? If you aren't in a contract then the landlord still needs to give you at least 2 months notice. Even then you are not forced to leave when the 2 months is up, though if the landlord goes to court to evict you this is something you probably want to avoid. 

Yes, we are still in contract with agency, which ends next year in February. That's why I'm really concerned. 

This is assuming your landlord issues the Section 21 correctly. A big assumption to make, a lot of landlords get it wrong.

We have received section 21 this week, as we were expecting it. 

If your landlord is simply trying to get out of his contract with the letting agent and not trying to evict you then I reiterate: This is his problem, not yours. I wouldn't talk to the letting agent about it, let the landlord do it.

Then I don't know what is the case here. He said to email agency to let them know about early termination date with them which will be this month. And I am really worried, that if we do that, means we put ourselves on the street.

Will123321

DullGreyGuy said:

housebuyer143 said:

He doesn't need to issue you a section or a new contract, he just gives the agent notice and then that's it. You are already in a contract with him. 

I wouldn't worry though, if he serves you notice and then gives you a new contract then the notice is disregarded so you don't have to leave. 

Do not confuse matters by discussing dates with the agent. The landlord does this based on his terms of business. Just wait to hear from your landlord of the date he is now managing it.

With our former landlord she had to pay the agency their margin for as long we were tenants even if they weren't managing it for her. Hence when she wanted rid of the agency she requested we "played along" and tell them we were leaving and she'd tell them her daughter was moving back in so didnt need to put it back on the market whereas in practice we'd just continue to live there and in exchange she wouldn't increase the rent at the next two renewals as it was covered by her savings from the agency. 

I think that's our case. I'm concern that if we will inform agency about leaving date, and if the landlord changes his mind, we wade ourselves homeless. 

theartfullodger

Is this england? Assuming so...

Usually the landlord is in charge (except for some "guaranteed rent" schemes/scams when agent rents off owner -agent then is tenant - then rents place out to occupants - agent then is landlord).

I would calmly, friendly, asking for a letter to you tenants, copied agent, confirming that he is instructing you to deal with him direct.  I'd also check (myself - ie you £3 online ) with land registry that he does own the place.  Scams do happen.... 


https://www.gov.uk/search-property-information-land-registry
& ask him (politely) to provide ID (eg passport or driving licence)

Depending on contract between owner & agent owner may still be liable for % commission, but that ain't the tenant's problem. 

And pay him bank transfer so you can prove what you paid when. 

Be absolutely honest with anyone, no fiddles for any clown crook or cheat.

Good luck!

Will123321

theartfullodger said:

Is this england? Assuming so...

Usually the landlord is in charge (except for some "guaranteed rent" schemes/scams when agent rents off owner -agent then is tenant - then rents place out to occupants - agent then is landlord).

I would calmly, friendly, asking for a letter to you tenants, copied agent, confirming that he is instructing you to deal with him direct.  I'd also check (myself - ie you £3 online ) with land registry that he does own the place.  Scams do happen.... 


https://www.gov.uk/search-property-information-land-registry
& ask him (politely) to provide ID (eg passport or driving licence)

Depending on contract between owner & agent owner may still be liable for % commission, but that ain't the tenant's problem. 

And pay him bank transfer so you can prove what you paid when. 

Be absolutely honest with anyone, no fiddles for any clown crook or cheat.

Good luck!

I believe we dealing with the landlord. He basically want to get rid of agency but also to keep us on rent.