Landlord want us to go direct , advice please

eddddy

Will123321 said:
I will probably email that happy to wait till end of tenancy and start direct with him.

I asked him what will be the procedure if we confirm the date and we will be expected to leave the house while he wants us to go directly with him.

Just to double check - who is named on your current tenancy agreement as your landlord?

• Is the person you are calling 'the landlord' actually named as the landlord on your tenancy agreement?

• Or is the agency named as the landlord on your tenancy agreement (which means it might something called a "Rent to Rent scheme" or a "Guaranteed Rent scheme")

To be honest, it probably doesn't change the advice you've been given very much - but that info will help people to explain what is happening more clearly.

Will123321

eddddy said:

Will123321 said:
I will probably email that happy to wait till end of tenancy and start direct with him.

I asked him what will be the procedure if we confirm the date and we will be expected to leave the house while he wants us to go directly with him.

Just to double check - who is named on your current tenancy agreement as your landlord?

• Is it the person you are calling 'the landlord' actually named as the landlord on your tenancy agreement?

• Or is the agency named as the landlord on your tenancy agreement (which means it might something called a "Rent to Rent scheme" or a "Guaranteed Rent scheme")

To be honest, it probably doesn't change the advice you've been given very much - but that info will help people to explain what is happening more clearly.

Yes, that’s right. The landlord name is the same as written in the contract between the agency and us.

We spoke directly to the landlord via email about this situation. As said, he wants to get rid of agency. 

As we have never done such way before, I’m concerned if we do the way the landlord wants, do we risk ourselves on street?

He also mentioned that once the agency will release the deposit , we will send back to him so he can put on a deposit scheme. 

Will123321

That’s the response I have received from him

I have said that I will manage the ‘check out’ and do not require their help with it. ….  knows what’s taking place and is aware of your continued occupancy.

Regarding us to confirm termination date with agency. 

eddddy

Will123321 said:

Yes, that’s right. The landlord name is the same as written in the contract between the agency and us.

OK - so that highlights your misunderstanding.

• Your contract is not between the agency and you.
• Your contract is between your landlord and you.

(Forget the phrase "going direct with the landlord" - it's a bad description and it's confusing you.)

The agency works for your landlord. The agency helps-out your landlord by doing administration. And your landlord pays the agency a fee for their help. Your landlord wants to save some money by doing the administration themselves.

For example, the agency helped-out your landlord by arranging for you to sign a contract between you and the landlord.



So it sounds like:

• You already have a tenancy agreement (contract) with your landlord - but your landlord doesn't like the terms and conditions of that tenancy agreement any more.

• So your landlord wants you to sign a new tenancy agreement (contract) with your landlord - with different terms and conditions.

So you need to read the terms and conditions of your current tenancy agreement (contract), and read the terms and conditions of the new tenancy agreement (contract) - to see if you are happy with the changes.

If you are not happy with the new terms and conditions - you don't have to sign it (not now, and not in February).

Will123321

eddddy said:

Will123321 said:

Yes, that’s right. The landlord name is the same as written in the contract between the agency and us.

OK - so that highlights your misunderstanding.

• Your contract is not between the agency and you.
• Your contract is between your landlord and you.

(Forget the phrase "going direct with the landlord" - it's a bad description and it's confusing you.)

The agency works for your landlord. The agency helps-out your landlord by doing administration. And your landlord pays the agency a fee for their help. Your landlord wants to save some money by doing the administration themselves.

For example, the agency helped-out your landlord by arranging for you to sign a contract between you and the landlord.



So it sounds like:

• You already have a tenancy agreement (contract) with your landlord - but your landlord doesn't like the terms and conditions of that tenancy agreement any more.

• So your landlord wants you to sign a new tenancy agreement (contract) with your landlord - with different terms and conditions.

So you need to read the terms and conditions of your current tenancy agreement (contract), and read the terms and conditions of the new tenancy agreement (contract) - to see if you are happy with the changes.

If you are not happy with the new terms and conditions - you don't have to sign it (not now, and not in February).

That’s correct how you have described. He mentioned that new contract will be given once the end date with agency will be confirmed.

eddddy

Will123321 said:

That’s correct how you have described. He mentioned that new contract will be given once the end date with agency will be confirmed.

OK - so you understand that you don't have to sign the new contract, ever!  Not now, and not in February.

The only reason to sign the new contract is if there is something in it that is good for you.

If the new contract has things which are bad for you, you shouldn't sign it.


(Edit to add...

But having said that, it is possible that the landlord can serve an eviction notice if you refuse to sign the new contract. So you might have to give in and sign if that happens.) 

Will123321

eddddy said:

Will123321 said:

That’s correct how you have described. He mentioned that new contract will be given once the end date with agency will be confirmed.

OK - so you understand that you don't have to sign the new contract, ever!  Not now, and not in February.

The only reason to sign the new contract is if there is something in it that is good for you.

If the new contract has things which are bad for you, you shouldn't sign it.

Thanks. Now I understand that. And regarding confirming end date with agency , would this put us in a bad position? I have quoted his reply on my email
above that the agency knows about that we will continue to live in the house 

FlorayG

Will123321 said:

eddddy said:

Will123321 said:

Yes, that’s right. The landlord name is the same as written in the contract between the agency and us.

OK - so that highlights your misunderstanding.

• Your contract is not between the agency and you.
• Your contract is between your landlord and you.

(Forget the phrase "going direct with the landlord" - it's a bad description and it's confusing you.)

The agency works for your landlord. The agency helps-out your landlord by doing administration. And your landlord pays the agency a fee for their help. Your landlord wants to save some money by doing the administration themselves.

For example, the agency helped-out your landlord by arranging for you to sign a contract between you and the landlord.



So it sounds like:

• You already have a tenancy agreement (contract) with your landlord - but your landlord doesn't like the terms and conditions of that tenancy agreement any more.

• So your landlord wants you to sign a new tenancy agreement (contract) with your landlord - with different terms and conditions.

So you need to read the terms and conditions of your current tenancy agreement (contract), and read the terms and conditions of the new tenancy agreement (contract) - to see if you are happy with the changes.

If you are not happy with the new terms and conditions - you don't have to sign it (not now, and not in February).

That’s correct how you have described. He mentioned that new contract will be given once the end date with agency will be confirmed.

It doesn't matter what he says, how many times do people have to say this? Just keep paying the rent. The landlord's arrangement with the agency is nothing to do with you. Stick to the original end date and do not terminate ANYTHING

Will123321

eddddy said:

Will123321 said:

That’s correct how you have described. He mentioned that new contract will be given once the end date with agency will be confirmed.

OK - so you understand that you don't have to sign the new contract, ever!  Not now, and not in February.

The only reason to sign the new contract is if there is something in it that is good for you.

If the new contract has things which are bad for you, you shouldn't sign it.


(Edit to add...

But having said that, it is possible that the landlord can serve an eviction notice if you refuse to sign the new contract. So you might have to give in and sign if that happens.) 

He already have served us with section 21, but that’s being said that he want to keep us and just fire the agency. 

EssexHebridean

Think about this logically OP>

You have said that you currently have a contract where you are named as the tenants and your LL is named as the LL - correct? 
If the answer to the above is "yes" then you understand that YOU have no contract with the agency - yes? (The LL has a contract with them, but that is his problem, not yours)

So allowing that you have a contract already with the LL, ask yourself why he would need to terminate that agreement in order to sever his own - completely separate - deal with the agent?

I'm afraid it sounds to me very much as though your LL is gearing up to get you out. I would plan accordingly. (I am also suspicious that he has done everything he can to line you up that in fact you have given Notice to quit on the tenancy - a rather low trick!)