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Help with Contracts & Notice Periods


KeithM

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Hi,

I have been renting my flat for about 3 years, through an agency with a fully managed service. However, i seem to be getting no service at all and the tenants (although they pay the rent) are consistantly late in paying the rent.

I am thinking of dumping both the tenants and the agency, in favor of doing the whole thing myself. Or at the very least going to a minimal introductory service from an agency.

I understand that i have to give the tenants 2 months notice to vacate the property but i am unsure about the contract i have with the agency? I don't want to ask them directly at this stage in case it's sours the relationship even further (if that's possible!?).

FYI - we would be terminating the latest 6 month contrant with the tenants 3 months early. The contract, with the agency, is the one i signed when i started with them 3 years ago (i think?).

Am i tied into staying with the current agency even though i have served notice on the tenants?

If any of the above makes sense i would welcome your comments.

Thanks,

Keith

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Hi Keith

In order to bring your tenancy to an end you will have to serve your tenants with formal Notice this should be in the form of S21 Housing Act Notice. This Notice has the effect of terminating the tenancy. You cannot however terminate the tenancy before its initial 6 months period although you can serve the Notice from the 4th month to expire on the 6th month. From what you say your tenants appear to have passed that stage anyway. The Notice period has a validity of 2 months.

If after serving the Notice your tenant does not leave you will be required to commence court proceedings against him. The proceedure her is known as The Accelerated Possession Procedure. The proceedure will fail if you do not serve the correct Notice or the Notice does not expire on the correct date.

As far as your management contract with the agency is concerned I really cannot advise you as to what you can or cannot do unless one has sight of the the contract you signed with them at the beginning. One will need to read the terms and conditions stipulated . You will need to look out for the clause on termination and what it says if you wish to termainate the arrangment with them.

I hope this helps. If you need help with the S21 Notice or doing the eviction we are able to help you.

Best of luck

Mrs Toyin Davidson-Ero

LLB, F.Inst.L.Ex

www.landlordslawyer.co.uk

info@landlordslawyer.co.uk

0845 128 4032

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