BonnieBubbles Posted July 9, 2014 Report Share Posted July 9, 2014 Hi all I'm not sure if I'm writing this post in the correct forum but from the posts I've read so far everyone seems pretty clued up so any advice is really appreciated! I am a mature student and moved into a rented two bed property with a friend on 1/7/14. The house was left in a complete state by the previous tenants and required lots of work and repairs as well as a deep clean. Long story short, many of the repairs have been taken care of by the letting agent (although everyday we seem to keep finding another two or three!) and after the agent sent in 3 taxi drivers acting as cleaners (who should have stuck to their day jobs as what they did could not be even be called cleaning), my friend and myself have turned the whole house upside down ourselves with every cleaning product under the sun, the house is now near sparkling. The house was in perfect condition when we viewed it at the end of January 2014 otherwise there is no way we would have signed up for it. Today we met our landlord for the first time and claimed that he had no idea that the agents had rented the house to us. However I am not sure how true this is as we have had the contract signed for six months before we moved in. He explained that he was planning to visit the house after the old tenants moved out to take care of any jobs that needed doing. He was very upset that the agent had spent so much money on all the repairs and replacing items in the house and again claimed that he was unaware they were spending money without his knowing. As far as I know the agents manage the house for him so doesn't that mean that they have the right to purchase and carry out necessary actions? He explained that he was so upset with the letting agents that he was considering selling the property while we are still occupying it which may mean we would have to leave. Can he do this? He also said that he wants to leave the letting agency and take us on privately. Can he do this? We have signed a 14 month contract with the letting agent so therefore we are safe for the duration of the contract? Unless, as I've been told, he takes us to court? If he manages to end his contract with the agency ( although he says he has never signed anything with them) does that mean that our contract with the agency is over too? Sorry for the essay and all the questions but my friend and myself are so new to this we really have no idea and feel we are caught up in a dispute that has nothing to do with us. We just want to pay our rent and live quietly! We are now entering our third year at university and on top of all the hassle that this house as already caused us we don't want to add homeless to the list too! Thank you for any advice BonnieBubbles Link to comment Share on other sites More sharing options...
Melboy Posted July 10, 2014 Report Share Posted July 10, 2014 I am a mature student and moved into a rented two bed property with a friend on 1/7/14. The house was left in a complete state by the previous tenants and required lots of work and repairs as well as a deep clean. Long story short, many of the repairs have been taken care of by the letting agent (although everyday we seem to keep finding another two or three!) and after the agent sent in 3 taxi drivers acting as cleaners (who should have stuck to their day jobs as what they did could not be even be called cleaning), my friend and myself have turned the whole house upside down ourselves with every cleaning product under the sun, the house is now near sparkling. The house was in perfect condition when we viewed it at the end of January 2014 otherwise there is no way we would have signed up for it. Today we met our landlord for the first time and claimed that he had no idea that the agents had rented the house to us. However I am not sure how true this is as we have had the contract signed for six months before we moved in. He explained that he was planning to visit the house after the old tenants moved out to take care of any jobs that needed doing. He was very upset that the agent had spent so much money on all the repairs and replacing items in the house and again claimed that he was unaware they were spending money without his knowing. As far as I know the agents manage the house for him so doesn't that mean that they have the right to purchase and carry out necessary actions? Q. He explained that he was so upset with the letting agents that he was considering selling the property while we are still occupying it which may mean we would have to leave. Can he do this? Yes, provided your landlord follows the correct procedure for re-possession through the Courts and it would have to be good solid grounds for doing so and as far as I have read what you have written he is going to have a problem. Q. He also said that he wants to leave the letting agency and take us on privately. Can he do this? Depends on the terms and Conditions of his signed contract with the LA. He cannot "just leave" without some form of compensation payable to the LA. He would need to prove totally, incompetence or totally bad management by his LA. Q. We have signed a 14 month contract with the letting agent so therefore we are safe for the duration of the contract? Unless, as I've been told, he takes us to court? If you have a signed AST contract for 14 months then it will be difficult for the landlord to evict you even if he does take you to court. If it's only 6 months and you have gone "periodic" then yes your landlord may set the process going. Q. If he manages to end his contract with the agency ( although he says he has never signed anything with them) does that mean that our contract with the agency is over too? Not necessarily. No signed paperwork? I doubt it tbh. Think also of your protected deposits. Have you a deposit reference number? Other experienced Landlord Forum members will give you their expert opinion. Link to comment Share on other sites More sharing options...
Grampa Posted July 10, 2014 Report Share Posted July 10, 2014 We have signed a 14 month contract with the letting agent so therefore we are safe for the duration of the contract? Unless, as I've been told, he takes us to court? If he manages to end his contract with the agency ( although he says he has never signed anything with them) does that mean that our contract with the agency is over too? You are unlikely to have a signed a contract with the letting agent. The agent probably signed on behalf of the landlord which they can do which means your contract is with the landlord. If you have a tenancy for 14 months you have the right to stay in the property for the fixed term of the contract UNLESS you break the terms of it such as not paying the rent OR if the contract has a break clause in it which means it could be ended early. Read your contract. Link to comment Share on other sites More sharing options...
Melboy Posted July 10, 2014 Report Share Posted July 10, 2014 You are unlikely to have a signed a contract with the letting agent. The agent probably signed on behalf of the landlord which they can do which means your contract is with the landlord. Good point that Grampa. Would the LA not send a copy contract though to the Landlord? I personally would never permit an arrangement on such an important document though with a 3rd party signature.. Can't help but think this will all end in a discussion as to why the deposit has not been protected & DPS reference numbers issued to tenant etc. etc. Link to comment Share on other sites More sharing options...
Grampa Posted July 10, 2014 Report Share Posted July 10, 2014 Believe it or not I don't have a single landlord who requests a copy of the tenancy which I or a member of staff signs on behalf of the landlord. I may have been requested the odd copy after a tenancy has ended if there was issues on condition left by the tenant but I could count that on one hand. Link to comment Share on other sites More sharing options...
Richlist Posted July 10, 2014 Report Share Posted July 10, 2014 I find that quite incredible. My lettings agent finds my tenants, deals with deposit, refs, RGI or guarantor and gets all the docs signed for me. I wouldn't dream of not calling in sometime over the following week to collect copies of everything. Some of my head leaseholders eg Estates & Management who are agents for Proxima GR Properties Ltd and who deal with 10's of thousands of properties around the country, require a copy of the AST before granting permission to let. Link to comment Share on other sites More sharing options...
BonnieBubbles Posted July 10, 2014 Author Report Share Posted July 10, 2014 Thank you all for your input and advice. It has made things a lot clearer for my friend and myself and we are feeling a lot calmer about the whole situation! We have an AST and are not periodic tenants. And I'm glad you said that as I also found it hard to believe that he did not sign any paperwork with the LA! But we haven't been given a deposit reference number so that is now on the list of things to find out. I am also amazed that he was totally in the dark about our tenancy for the last 6 months. From what I can gather he is new to landlord game and is quite inexperienced and is relying a lot on advice from friends. I don't think he's bad guy but I also don't feel we are getting complete honesty from him. Thank you again for your help, I may be on here again soon if things carry on going south! Link to comment Share on other sites More sharing options...
Melboy Posted July 10, 2014 Report Share Posted July 10, 2014 Please keep us all updated on what happens. Link to comment Share on other sites More sharing options...
Grampa Posted July 10, 2014 Report Share Posted July 10, 2014 I find that quite incredible. My lettings agent finds my tenants, deals with deposit, refs, RGI or guarantor and gets all the docs signed for me. I wouldn't dream of not calling in sometime over the following week to collect copies of everything. Some of my head leaseholders eg Estates & Management who are agents for Proxima GR Properties Ltd and who deal with 10's of thousands of properties around the country, require a copy of the AST before granting permission to let. I agree and if it was me I would do the same as you RL. But it does make my life easlier and if they wanted a copy they are more than welcome to a copy. Link to comment Share on other sites More sharing options...
Melboy Posted July 10, 2014 Report Share Posted July 10, 2014 From what I can gather he is new to landlord game and is quite inexperienced and is relying a lot on advice from friends. There are lot of them about and I can vouch for that. Not that I have a problem with Newbie landlords, we all started at some point but what always amazes me is that very few Newbies even bother to read up on the basics of the renting property business even if they are going with an LA. When it all goes horribly pear shaped is the time that they start to ask the questions they should have been asking prior to handing over the keys. Link to comment Share on other sites More sharing options...
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