johnbee Posted June 20, 2008 Report Share Posted June 20, 2008 Hi All, Please excuse the quick post requesting help. I own a property that currently has council tenants in it. My estate agent found the tenants 2 years ago and have been managing the property up to now. The signed tenancy agreement has my agent down as the landlord and doesn't mention my name anywhere. The agreement expired last month and is now in a periodic tenancy. I have now decided to manage the property myself and be rid of the estate agents. Firstly, does my agent have any right to remove the tenants as they found them? Secondly, if i wanted to serve a section 21 to the tenants, can i do so even though the tenancy agreement explicitly states the agreement is between the agent and the tenant? Thanks in advance, John. Link to comment Share on other sites More sharing options...
J4L Posted June 20, 2008 Report Share Posted June 20, 2008 Hi John I think you'll find that the agreement is between YOU and the Tenant and nothing to do with the agent 'really' although they may have signed on your behalf. Regardless of what tenancy they are 'in', to serve notice would benefit nobody really, unless you 'actually' want them to leave. If it's a case of just releasing the agent then a months notice should suffice, (although this can vary, depending on the contract you signed with the agent) The answers to your questions Firstly, no, they have no right to remove the tenants from the property because officially they are in an agreement with you. I'd personally make contact with the tenant BEFORE you give notice to the agent though as they 'may' try and poach the tenants to another property thus leaving you with an empty property to fill. Second question : Are you looking for the tenant to move and why? See above response, agreement between you and the tenant etc. I'd suggest, speak to the Tenant, tell them you're quite happy to keep them, THEN give notice to the agent (watch out for hidden costs in the final bill mind) and set up Standing orders for rent with T. If you DO want them to go then give them notice (2 months) properly. Gareth Just4Let We don't SELL houses, We just Let them PROPERLY. Link to comment Share on other sites More sharing options...
Selkirk Posted June 21, 2008 Report Share Posted June 21, 2008 I had an agreement with a letting agency where they were the T and basically sub let the property. In return for less rent than could be achieved on the open market I was guaranteed a rent payment every month whether the property was let or not plus no finders fees etc. Therefore you should check with the managing agent as to what type of agreement you have with them. When I ended mine the sub T was given notice and a vacant property was returned. Your agreement does sound similar. cheers Selkirk Link to comment Share on other sites More sharing options...
Trenners Posted June 23, 2008 Report Share Posted June 23, 2008 Hi John, I think it is fairly standard practice for the tenancy agreement to be in the name of the LA - especially when dealing with the Council. The reason is that the Council will want to pay the Landlord the Housing Benefit each month and if you were listed on the tenancy agreement as landlord then they would want to pay HB to you rather than the LA. The Tenancy Agreement is always submitted to the Council by the tenant as part of their HB claim and the Council will only communicate with the landlord! To overcome this problem and to make sure that the Council communicates with the LA (that is acting on your behalf) it is easier to list the LA as the landlord on the agreements. Hope that helps .... Mark Link to comment Share on other sites More sharing options...
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