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Letting agent not issuing notice to tenant

Cruixer
Cruixer Posts: 81 Forumite
Name Dropper First Anniversary Combo Breaker First Post
in House buying, renting & selling
Hi,
Short story is that I have wanted to sell my rental property for some time. I've repeatedly asked the letting agent to issue notice. There has been a combination of excuses for delay, and just lack of response, and it has been going on for months.

The problem is that I can't issue notice myself because I don't know the tenants details, and the council don't seem to want to know despite having a landlord and agent registration scheme.

Is legal action against the agent the only recourse at this stage?

Thanks
«1

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Why don't you just ask for their details?


    They are your agents after all.


    You don't need to evict to sell anyway, so you can just start marketing it.


    Are the tenants in a fixed term contract?
  • theartfullodger
    theartfullodger Posts: 14,589 Forumite
    Name Dropper First Anniversary First Post
    Are you sure the occupants are your tenant? This isn't a "guaranteed rent" scheme/scam is it?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    theartfullodger wrote: »
    Are you sure the occupants are your tenant? This isn't a "guaranteed rent" scheme/scam is it?
    Good point. (and they're definitely a scam!)
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    Whose name is on the tenancy agreement as the owner of the property. Our properties are all managed but the tenancy agreements have our name and the tenants name on them so I can't understand why you don't know who your tenants are?
  • steampowered
    steampowered Posts: 6,176 Forumite
    First Anniversary Name Dropper First Post
    Cruixer wrote: »
    The problem is that I can't issue notice myself because I don't know the tenants details

    Is legal action against the agent the only recourse at this stage?

    You cannot take legal action against the tenants! It isn't their fault the letting agent hasn't served notice, so you have nothing to sue them for. You also can't sue someone without knowing their details!

    The solution is a 'letter before action' to the letting agent giving them 14 days to give you the tenant's details, and saying that if they do not do so you will be issuing a court claim against them.

    If the letting agent still doesn't give you the details, sue them on day 15.
  • Cruixer
    Cruixer Posts: 81 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    I don't know anything about my tenants, or their contracts, I never have. I have assumed that the contracts are short assured tenancies, but that is just an assumption.

    It could very well be that there is something dodgy going on with the lease and that is the reason for the delaying tactics.

    Not sure why I wouldn't need to evict to sell, obviously I would need to evict before the sale was complete at least, unless it was being sold to a buyer who wants a tenant. My reasoning for getting the tenant out first was mainly to give a chance to decorate etc, before getting it on the market.
  • steampowered
    steampowered Posts: 6,176 Forumite
    First Anniversary Name Dropper First Post
    You need to get a copy of the tenancy agreement as well.

    You can't evict the tenant if they are still within the term of the tenancy agreement.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Cruixer wrote: »
    I don't know anything about my tenants, or their contracts, I never have. I have assumed that the contracts are short assured tenancies, but that is just an assumption.

    It could very well be that there is something dodgy going on with the lease and that is the reason for the delaying tactics.

    Not sure why I wouldn't need to evict to sell, obviously I would need to evict before the sale was complete at least, unless it was being sold to a buyer who wants a tenant. My reasoning for getting the tenant out first was mainly to give a chance to decorate etc, before getting it on the market.
    The question you should be asking yourself is why you don't know?


    What if the tenant sues you? Is the deposit protected - you don't know!
  • Cruixer
    Cruixer Posts: 81 Forumite
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    steampowered wrote: »
    You cannot take legal action against the tenants! .

    I didn't mean take legal action against the tenant, I meant against the agent, just as you have said. I had so far been trying to close this out amicably, and have given a final deadline by email already, but perhaps I do need to put this in writing with a warning.

    You are right about the tenant though, I had wanted to be as flexible as possible with the tenant, giving as much notice as possible, and all this time the tenant could have been looking for a place, but as far as I am aware they are oblivious to all of this. I suppose there would be no harm in me sending a letter to the flat, giving my contact details and letting the tenant know what is happening, in a sense, notice that notice is on its way.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Cruixer wrote: »
    I didn't mean take legal action against the tenant, I meant against the agent, just as you have said. I had so far been trying to close this out amicably, and have given a final deadline by email already, but perhaps I do need to put this in writing with a warning.

    You are right about the tenant though, I had wanted to be as flexible as possible with the tenant, giving as much notice as possible, and all this time the tenant could have been looking for a place, but as far as I am aware they are oblivious to all of this. I suppose there would be no harm in me sending a letter to the flat, giving my contact details and letting the tenant know what is happening, in a sense, notice that notice is on its way.
    But you don't know, they might have a contract for 24 months!
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