Landlord want us to go direct , advice please

Will123321

FlorayG said:

Will123321 said:

FlorayG said:

OP I don't understand what it is you don't understand
You do not have a 'new landlord' you have the same one you always had
You should not be finishing your previous contract with your landlord just so that you can sign a new one.
That is the landlord's problem not yours
As long as your new contract is signed by both parties you have done everything you need to and the agent is irrelevant

I also have check the old contract , seems is from
agency. As at the bottom have been signed by the agency and not the landlord. 

That is irrelevant. The landlord owns the property and the landlord receives the rent ( via the agency)
The agency is not your landlord
Look up the definition of 'agent'

I’m aware that agency works for landlord. Our landlord mentioned that he wants to take over. I see no reason for him is sending new contract if he would want to get rid of us.

DullGreyGuy

RAS said:

You do not have a contract with the agency. So you cannot terminate it.

When we rented and wanted to execute our break clause our AST required that we serve notice to the agency (as the agent of the landlord). So you are right in that the OP isn't in contract with the agency but they may well have a requirement to serve notice to the agency all the same. 

I know this forum is full of people that love a technicality but it doesn't change the practicality of who the notice goes to. 

theartfullodger

Will123321 said:

FlorayG said:

Will123321 said:

FlorayG said:

OP I don't understand what it is you don't understand
You do not have a 'new landlord' you have the same one you always had
You should not be finishing your previous contract with your landlord just so that you can sign a new one.
That is the landlord's problem not yours
As long as your new contract is signed by both parties you have done everything you need to and the agent is irrelevant

I also have check the old contract , seems is from
agency. As at the bottom have been signed by the agency and not the landlord. 

That is irrelevant. The landlord owns the property and the landlord receives the rent ( via the agency)
The agency is not your landlord
Look up the definition of 'agent'

I’m aware that agency works for landlord. Our landlord mentioned that he wants to take over. I see no reason for him is sending new contract if he would want to get rid of us.

The existing paperwork may have some defect making any s21 invalid.  So issuing new paperwork may permit eventually issuing valid s21. .

Going direct with landlord separate from that, indicates penny pinching landlord trying to avoid pay % commission.  

But most agency contracts are written so going direct to landlord still requires commission (you would write that eh?) landlords problem.

Will123321

DullGreyGuy said:

RAS said:

You do not have a contract with the agency. So you cannot terminate it.

When we rented and wanted to execute our break clause our AST required that we serve notice to the agency (as the agent of the landlord). So you are right in that the OP isn't in contract with the agency but they may well have a requirement to serve notice to the agency all the same. 

I know this forum is full of people that love a technicality but it doesn't change the practicality of who the notice goes to. 

So basically if we have signed contract now with the landlord, there’s nothing can happen even after we confirm the end date with agency ?

Will123321

theartfullodger said:

Will123321 said:

FlorayG said:

Will123321 said:

FlorayG said:

OP I don't understand what it is you don't understand
You do not have a 'new landlord' you have the same one you always had
You should not be finishing your previous contract with your landlord just so that you can sign a new one.
That is the landlord's problem not yours
As long as your new contract is signed by both parties you have done everything you need to and the agent is irrelevant

I also have check the old contract , seems is from
agency. As at the bottom have been signed by the agency and not the landlord. 

That is irrelevant. The landlord owns the property and the landlord receives the rent ( via the agency)
The agency is not your landlord
Look up the definition of 'agent'

I’m aware that agency works for landlord. Our landlord mentioned that he wants to take over. I see no reason for him is sending new contract if he would want to get rid of us.

The existing paperwork may have some defect making any s21 invalid.  So issuing new paperwork may permit eventually issuing valid s21. .

Going direct with landlord separate from that, indicates penny pinching landlord trying to avoid pay % commission.  

But most agency contracts are written so going direct to landlord still requires commission (you would write that eh?) landlords problem.

The landlord had a written email that asked me to send to the agency which they have agreed that we won’t be charged any fees for early termination. 

theartfullodger

Tenant should not be charged fees anyway, landlords problem.

Sounds like landlord doesn't know what he's doing.  Often a problem, sometimes an advantage to tenants.

Good luck!