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  • FIRST POST
    • Cruixer
    • By Cruixer 8th Mar 18, 1:21 PM
    • 11Posts
    • 2Thanks
    Cruixer
    Letting agent not issuing notice to tenant
    • #1
    • 8th Mar 18, 1:21 PM
    Letting agent not issuing notice to tenant 8th Mar 18 at 1:21 PM
    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
Page 1
    • Comms69
    • By Comms69 8th Mar 18, 1:23 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #2
    • 8th Mar 18, 1:23 PM
    • #2
    • 8th Mar 18, 1:23 PM
    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
    • By theartfullodger 8th Mar 18, 1:28 PM
    • 9,592 Posts
    • 12,906 Thanks
    theartfullodger
    • #3
    • 8th Mar 18, 1:28 PM
    • #3
    • 8th Mar 18, 1:28 PM
    Are you sure the occupants are your tenant? This isn't a "guaranteed rent" scheme/scam is it?
    • Comms69
    • By Comms69 8th Mar 18, 1:31 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #4
    • 8th Mar 18, 1:31 PM
    • #4
    • 8th Mar 18, 1:31 PM
    Are you sure the occupants are your tenant? This isn't a "guaranteed rent" scheme/scam is it?
    Originally posted by theartfullodger
    Good point. (and they're definitely a scam!)
    • Cakeguts
    • By Cakeguts 8th Mar 18, 2:20 PM
    • 4,424 Posts
    • 6,359 Thanks
    Cakeguts
    • #5
    • 8th Mar 18, 2:20 PM
    • #5
    • 8th Mar 18, 2:20 PM
    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
    • By steampowered 8th Mar 18, 2:40 PM
    • 2,598 Posts
    • 2,541 Thanks
    steampowered
    • #6
    • 8th Mar 18, 2:40 PM
    • #6
    • 8th Mar 18, 2:40 PM
    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?
    Originally posted by Cruixer
    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
    • By Cruixer 8th Mar 18, 2:41 PM
    • 11 Posts
    • 2 Thanks
    Cruixer
    • #7
    • 8th Mar 18, 2:41 PM
    • #7
    • 8th Mar 18, 2:41 PM
    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
    • By steampowered 8th Mar 18, 2:44 PM
    • 2,598 Posts
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    steampowered
    • #8
    • 8th Mar 18, 2:44 PM
    • #8
    • 8th Mar 18, 2:44 PM
    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
    • By Comms69 8th Mar 18, 2:46 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #9
    • 8th Mar 18, 2:46 PM
    • #9
    • 8th Mar 18, 2:46 PM
    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.
    Originally posted by Cruixer
    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
    • By Cruixer 8th Mar 18, 2:47 PM
    • 11 Posts
    • 2 Thanks
    Cruixer
    You cannot take legal action against the tenants! .
    Originally posted by steampowered
    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
    • By Comms69 8th Mar 18, 2:49 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    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.
    Originally posted by Cruixer
    But you don't know, they might have a contract for 24 months!
    • Cruixer
    • By Cruixer 8th Mar 18, 2:51 PM
    • 11 Posts
    • 2 Thanks
    Cruixer
    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!
    Originally posted by Comms69
    To be fair, its easy to say that now. I bought this flat with the intention of living in it, ended up overseas, agent was recommended by a friend etc. Its only over time as you learn more about it that you realise that you are liable as the landlord, but by that time you are already in the situation.
    • Comms69
    • By Comms69 8th Mar 18, 3:00 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    To be fair, its easy to say that now. I bought this flat with the intention of living in it, ended up overseas, agent was recommended by a friend etc. Its only over time as you learn more about it that you realise that you are liable as the landlord, but by that time you are already in the situation.
    Originally posted by Cruixer

    Sorry not to be fair.


    No-one held a gun to your head, you chose to let it out.


    Anyway, you're right it's too late now, but you must take control. These are your agents, they work for you.
    • agrinnall
    • By agrinnall 8th Mar 18, 3:05 PM
    • 20,345 Posts
    • 16,121 Thanks
    agrinnall
    If you have a portfolio of 500 rental properties there might be an excuse for not knowing who your tenants are (although I suspect LLs who have built up a business to that size will be well in control of who is in their properties), but with just 1 there is no reason at all not to know. It wouldn't surprise me if it turns out that either the LA or the tenants, or both, have been taking you for a ride.
    • deannatrois
    • By deannatrois 8th Mar 18, 4:23 PM
    • 5,426 Posts
    • 7,601 Thanks
    deannatrois
    Go to the LA's office (I imagine it means you will have to travel but you do have to have this information) ask for the tenancy agreement and deposit details. Don't leave until you have it. You should have been given these things long ago.
    • stator
    • By stator 8th Mar 18, 4:43 PM
    • 6,304 Posts
    • 4,196 Thanks
    stator
    You haven't answered the main question:

    Are you renting the place to the people living there, or are you taking part in a 'guaranteed rent' scheme?
    If you are in the 'guaranteed rent' scheme then the people who live in the flat aren't your tenants. The rental agency are your tenant and you need to serve notice to end the contract with them. They will, in turn, serve notice on their tenants (the ones who live in your flat). If this is the case you need to read your contract with the agents and see what sort of notice you need to give them!
    Changing the world, one sarcastic comment at a time.
    • 00ec25
    • By 00ec25 8th Mar 18, 10:59 PM
    • 6,517 Posts
    • 6,078 Thanks
    00ec25
    You haven't answered the main question:
    Originally posted by stator
    how can he answer it, he has no idea who the tenants are or anything about them. Seems he can't even get HIS agents to talk to himself, although in the olden days, before the internet, most people who have simply picked up the phone and asked them, or gone round for a personal visit. But of course in these modern times the solution to everything is assumed to be a click away instead!

    lets hope he isn't still abroad and trying to do this as a non resident LL
    • saajan_12
    • By saajan_12 9th Mar 18, 10:02 AM
    • 1,254 Posts
    • 875 Thanks
    saajan_12
    You haven't answered the main question:

    Are you renting the place to the people living there, or are you taking part in a 'guaranteed rent' scheme?
    Originally posted by stator
    how can he answer it, he has no idea who the tenants are or anything about them.
    Originally posted by 00ec25
    OP can atleast know what he's personally agreed / signed, e.g.
    1) agreement with Ďagentí which says they can sign on his behalf as an agent
    2) agreement with Ďagentí only
    3) agreement with Ďagentí to manage & agreement with tenants (possibly multiple times over during the overall letting period)

    Establishing who OPís tenant is will be the first key step in deciding whether / how he can evict.
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