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Would really appreciate some help on this one. For the last 3 years I have rented my property to  a rent guarantee company who sub let it as temporary housing. My contract expires in Aug and I will not renew. They do not communicate with me or repair and maintain the property. The tenant phones me directly and I do the works. They take nearly 400 pm for doing nothing. I emailed staring I wanted a rental increase or I would not renew. I have called and emailed, no response???  As I have a good relationship with my tenant and I don't want her to leave, I do not want to evict her. Is it possible to me to now cut them out and deal directly with her and the council. They do not have keys as I fitted a new door. Not sure where that leaves me legally? Thanks in advance

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My contract expires in Aug and I will not renew.

Then you are free to do what you want to do.  You will have to send them a letter containing everything that has happened and how they have failed to respond to your email/letter's.

there is probably a clause in your contract about continuance of the present tenant and a termination fee if they continue to rent your property at end of contract.

Grampa will give you the "legal stuff "on this matter.... probably.... as he is a letting agent.

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It's extremely unlikely that you will be able to continue with the same tenant without payment to your existing agent....who seems to be doing very little for the money you pay them.

If they don't have keys then they aren't doing regular 3 monthly inspections, they aren't dealing with repairs, they don't communicate.......so, apart from collecting rent (and its not clear that they are even doing that) what exactly are they doing to warrant £400 a month ?

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Well the devil is in the detail of the contact you signed with the agent so first off dig it out and have a good read under the termination section. This will give you starting point and a indication of their reaction to you giving them notice and keeping the tenant

Just because it is written in the contract it doesn't necessary make it enforceable. Once you have found the clause in the T&C'S post it on here and we can see what to advise or not.


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relating to

97 Hazel Grove, Sydenham, London. SE26 4JJ   





1.    Interpretation    1
2.    Grant of the Tenancy    3
3.    Grace Period    3
4.    Break clause    3
5.    Contents    3
6.    Rent    3
7.    Use of Property    4
8.    Assignment or subletting    4
9.    Repairs and alterations    4
10.    Utilities and outgoings    4
11.    Landlord's covenants    5
12.    Administration Fee    6
13.    Default by the Tenant    7
14.    Landlord's right to enter the Property    7
15.    Expiry of the Tenancy    7
16.    Notices    7
17.    Governing law    8

THIS AGREEMENT is dated 06/08/2014
(2)    ASSETGROVE LETTINGS LIMITED, incorporated and registered in England and Wales with company number 04523727 whose registered office is at Devon House, Church Hill, London N21 1LE (Tenant).
This Tenancy is governed by the common law and is not an assured or assured shorthold tenancy.
1.1    The following definitions and rules of interpretation in this clause apply in this agreement.
Break Date: Three months after service of the Break Notice.
Break Notice: Written notice to terminate this Tenancy, which may be served by the Tenant at any time.
Contents: the furniture, furnishings and any other items set out in the Inventory and Schedule of Condition.
First Rent Payment Date: as described in clause 3 below.
Insured Risks: means fire, explosion, lightning, earthquake, storm, flood, bursting and overflowing of water tanks, apparatus or pipes, impact by aircraft and articles dropped from them, impact by vehicles, riot, civil commotion and any other risks against which the Landlord shall insure against and Insured Risk means any one of the Insured Risks.
Inventory and Schedule of Condition: the list of Contents and description of the condition of the Property attached to this agreement and signed by the parties.
LTA 1985: Landlord and Tenant Act 1985.
Property:  97 Hazel Grove, Sydenham, London SE26 4JJ   
Rent: £900.00 p    cm payable one month in arrears
Rent Payment Dates: 12TH day of each month 1st payment due on 12TH September   2014 
Sub-Tenant: person or persons to whom the Property or part thereof is sub-let or licensed by the Tenant.
Term: a fixed term of 3 years from 12/08/2014
Working Day: any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
1.2    Clause headings shall not affect the interpretation of this agreement. 
1.3    A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns. 
1.4    Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
1.5    Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6    A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. 
1.7    A reference to an agreement is a reference to this agreement.
1.8    A reference to writing or written does not include faxes and e-mail.
1.9    Any reference to Tenancy refers to the tenancy created under this agreement.
1.10    A reference to the end of the Tenancy is to the end of the Tenancy however it ends.
1.11    Any reference to the giving of consent by the Landlord requires the consent to be given in writing, signed by the Landlord.
1.12    Any obligation in this agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.
1.13    References to clauses are to the clauses of this agreement.
1.14    A reference to the Landlord includes a reference to the person entitled to the immediate reversion to this lease. A reference to the Tenant includes a reference to its successors in title and assigns.
The Landlord lets the Property to the Tenant for the Term.
The First Rent Payment Date shall be the earlier of 14 days after the start of the Term or such date on which the Property has been sub-let to a Sub-Tenant by the Tenant (that is, the date on which the Sub-Tenancy starts).
4.1    The Tenant may terminate this Tenancy by serving a Break Notice on the Landlord.
4.2    A Break Notice shall be of no effect if, at the Break Date:
(a)    the Tenant has not paid any part of the Rent which was due to have been paid; or
(b)    vacant possession of the whole of the Property is not given.
4.3    Subject to clause 4.2, following service of a Break Notice this Tenancy shall terminate on the Break Date.
4.4    Termination of this Tenancy on the Break Date shall not affect any other right or remedy that either party may have in relation to any earlier breach of this Tenancy.
The Tenant shall keep the Contents in good and clean condition and shall return the Contents to the Landlord at the end of the Tenancy in the same state (except for fair wear and tear) as detailed on the Inventory and Schedule of Condition.
6.    RENT
6.1    Subject to clause 3, the Tenant shall pay the Rent in arrears on or before the Rent Payment Dates.
6.2    The Tenant shall pay the first instalment of the Rent on or before the First Rent Payment Date.
6.3    If the Property is damaged or destroyed by an Insured Risk or otherwise so as to be unfit for occupation and use then, unless the damage or destruction was caused by the wilful actions, negligence or default of the Tenant or Sub-Tenant, payment of the Rent shall be suspended until the Property is fit for occupation and use. 
7.1    The Property is let to the Tenant by the Landlord for the explicit purpose of it being sub-let or licenced to Sub-Tenants.
7.2    The Property shall be used by the Tenant and/or Sub-Tenant as a private dwelling.
7.3    The Tenant shall not do, or permit the Sub-Tenant to do, anything to or on the Property that:
(a)    causes a nuisance, annoyance or damage to occupiers of neighbouring, adjoining or adjacent property, or the owners or occupiers of them;
(b)    involves using the Property for immoral or illegal purposes; or
(c)    has the effect of invalidating the insurance that the Landlord has taken out in accordance with clause 11.3. The Landlord will provide the Tenant with a summary of the relevant insurance requirements.
The Tenant shall be entitled to sub-let, licence, part with or share possession of the whole or any part of the Property without the prior consent of the Landlord. 
9.1    The Tenant shall, as far as is reasonable, keep the interior of the Property clean, tidy and in the same condition as at the start of the Tenancy (except for fair wear and tear).
9.2    The Tenant shall not make any alteration, addition, or redecorate the Property without the prior consent of the Landlord (such consent not to be unreasonably withheld).
10.1    The Tenant shall pay all charges for gas, electricity, water and sewerage services  used by the Tenant or the Sub-Tenant at the Property.
10.2    The Tenant shall pay, or shall procure that the Sub-Tenant shall pay, the Council tax for the Property, during the continuance of this agreement.
10.3    The Landlord shall ensure that there is at all times the gas and electricity supply at the Property is safe and in working order and shall include the obtaining by the Landlord:
(a)    a valid Gas Safety Certificate provided by a Gas Safe registered gas engineer;
(b)    a valid NICEIC electrical test certificate; 
(c)    a valid Energy Performance Certificate;
and the Landlord shall supply to the Tenant copies of each of these certificates.
10.4    Should the Landlord fail to supply to the Tenant copies of the certificates pursuant to clause 10.3 above within 7 days of the date of this agreement, the Tenant shall be entitled to obtain such certificates itself and to set off the cost thereof from future Rent or to invoice the Landlord for payment.
11.1    The Landlord shall provide the Tenant with suitable means of access to and egress from the Property.
11.2    The Landlord shall ensure that it has removed from the Property any personal possessions prior to the commencement of this Tenancy.
11.3    The Landlord shall insure the Property and the building of which the Property forms part and Contents to their full value against loss or damage by the Insured Risks, and shall provide a copy of the insurance cover and of a receipted invoice for the last premium paid to the Tenant. The Landlord's insurance does not cover the Tenant's (or Sub-Tenant’s) possessions. 
11.4    The Landlord shall supply to the Tenant within 7 days of the date of this agreement a copy of his certificate of insurance for the insurance policy taken out pursuant to clause 11.3.
11.5    The Landlord shall make good any damage caused by an Insured Risk, unless the damage was caused by the wilful actions, negligence or default of the Tenant.
11.6    Where the Property is located in an area where the local authority requires private landlords to obtain a licence to rent a property, the Landlord shall be required to obtain such licence (or procure that such licence is obtained) at the Landlord’s expense (“Private Landlord Licence”) and to ensure that a valid Provate Landlord Licence is in place at all times during the Term or continuance of this agreement.
11.7    The Landlord shall allow the Tenant and the Sub-Tenants quiet enjoyment of the Property without any interruption by the Landlord.
11.8    The Landlord shall:
(a)    keep in repair the structure, interior and exterior of the Property (including drains, external pipes, gutters and windows);
(b)    keep in repair and proper working order the installations in the Property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences); 
(c)    keep in repair and proper working order the installations in the Property for space heating and heating water;
(d)    keep in repair the electrical systems for the Property and in the communal areas of the building of which the Property forms part, including the maintenance and repair of any entry-phone system; and
(e)    keep in repair and proper operation lighting and heating in any communal areas of the building of which the Property forms part.
11.9    The Landlord shall not be required to: 
(a)    carry out any works or repairs for which the Tenant is liable by virtue of this agreement; or
(b)    keep in repair or maintain anything which the Tenant is entitled to remove from the Property.
11.10    [The Landlord shall keep in repair the cooker, washing machine, tumble dryer, fridge, freezer and dishwasher (if these appliances are at the Property and provided by the Landlord).]
12.1    Where the Term is for more than 12 months, the Landlord shall pay to the Tenant a sum of £150 per annum, by way of an administration and management fee to cover property set-up costs, local authority annual inspections and periodic checks of the Property by the Tenant (Administration Fee). 
12.2    The Administration Fee shall be paid by way of the Tenant deducting £150 from the Rent due to the Landlord in the final month of each 12 month period following the start of the Term.
13.1    The Landlord shall be entitled to determine the tenancy before the end of the Term where the Tenant breaches the terms of this agreement and, on being provided with written notice of the breach (Breach Notice), has failed to remedy the same (insofar as the breach is capable of remedy) within 28 days of the date of the Breach Notice.
13.2    Where the Tenant has failed to remedy a breach of this agreement under clause 12.1 above, the Landlord may provide the Tenant with three months written notice that the tenancy is being brought to an end in such circumstances.
13.3    This clause 12 does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession.
The Landlord has the right to retain a set of keys to the Property, which shall only be used with the prior consent of the Tenant, except in an emergency.
15.1    At the end of the Tenancy, the Tenant shall return the Property and the Contents to the Landlord in the condition required by this agreement.
15.2    The Tenant shall procure that the Sub-Tenants remove all personal possessions from the Property once the Tenancy has ended. If any of the Sub-Tenants’ personal possessions are left at the Property after the Tenancy has ended, the Tenant will be responsible for meeting all reasonable removal and storage charges. The Landlord will remove and store the possessions for a maximum of one month. The Landlord will take reasonable steps to notify the Tenant address set out in clause 15.5. If the items are not collected within one month, the Landlord may dispose of the items and the Tenant will be liable for the reasonable costs of disposal. The costs of removal, storage and disposal may be deducted from any sale proceeds.
16.    NOTICES
16.1    Any notice to the Landlord sent under or in connection with this agreement shall be deemed to have been properly served if: 
(a)    sent by first class post to the Landlord's address given in clause 16.4; or
(b)    left at the Landlord's address given in clause 16.4.
16.2    Any notice sent to the Tenant under or in connection with this agreement shall be deemed to have been properly served if: 
(a)    sent by first class post to the Tenant’s address given in clause 15.5; or
(b)    left at the Tenant’s address given in clause 15.5.
16.3    If a notice is given in accordance with clause 16.1 or clause 16.2 it shall be deemed to have been received:
(a)    if delivered by hand, at the time the notice is left at the proper address; or
(b)    if sent by first-class post, on the second Working Day after posting.
16.4    The Landlord's address for service is flat 14,Ravens Roost, 27 Beulah Hill, London SE19 3LN  
16.5    The Tenant’s address for service is Devon House, Church Hill, London N21 1LE.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

This agreement has been entered into on the date stated at the beginning of 


Hi Grampa, here is the contract not clear how the landlord can terminate? 

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Unfortunately you have posted the tenancy agreement not the contract (T&C's) between you and the agent that is where the termination details will be.

If you never were provided any (unlikely) you should be able to give 1 months notice.

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Thanks for your quick reply. That is the  only thing given to me and all that I signed. 

When I write a letter given them notice should I mention that the sub tenant is staying? 

I intent to rent to her directly. 

I will also list all the ways they have breached that agreement but as the tenancy has expired can they object? 


Many thanks

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I would keep it simple at this stage and not get into details. Something along the lines of:


Dear xxxxxxx

Re: Termination of service

Ref: 97 Hazel Grove, Sydenham, London. SE26 4JJ 

I wish to formally give 1 months notices to  xxxxx LIMITED in regard to the management of my property above. I will be managing the the property myself from xx/xx/xx please can you inform the the tenants.

I will require from you no later than xx/xx/xx all documentation and correspondence relating to the tenancy. I will require the deposit to be transfered to my DPS account and the landlords id is xxxxxxxxxxx

If you have any questions regarding the above please contact me.

Kind Regards


The response you get will determine how easy they will make it.

Go onto the DPS website to set up an account and get a landlord id which they will need.

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