Problem tenant and problem agent

[ARD]

I have a tenant who has completed his 6 month term, month 5,6 rent was paid late, he has just finished month 7 and hasnt paid. The tenant was given notice to move out correctly and till date is still hanging around, not making any real efforts to move. The agent on the other hand is useless, they told us they knew this tenant, had good references, checked out ok, mind you we said no pets, no smoking and the next thing we know is that the tenant has a hamster and are smokers.

Here are my queries

- Can i legally go after the agent to recover the management fee that i have paid on the grounds of incompetence, lack of support and basically mismanaging the whole contract

- Is the agent entitled to the management fee in month 7, after the initial 6 mth tenancy]

- If I want to take over managing the property , what do i need to do and how does that work, and does the agent have to hand over the file to me, as the landlord.

Any help appreciated.

[Carryon Regardless]

Irrespective of the legalities I have a feeling here that your expectations are somewhat beyond realistic.

No smokers, but can you control the activities of visitors and dictate what they are and are not allowed to do ?

I suppose the cost of a new carpet could be deducted from the deposit if a Goldfish splashes his water.

Your right enough with the rent payments but I've got used to offering 'some' flexibility there. I recently evicted an excellent rent payer for reasons I considered more important.

[Melboy]

An LA has no control over a tenant who declares that they are non smokers and have no pets who then subsequently turn out to be both.

Provided your LA has followed a correct procedure in obtaining a suitable tenant then there is little you can do except give the tenant notice to quit as they are in breach of your tenancy agreement. This will be down to you to organise.

Is the agent entitled to the management fee in month 7, after the initial 6 mth tenancy?

Yes. If you can prove total incompententacy by the LA and you put your concerns in writing to your LA then there may be a case whereby you could come to some agreement on terms and conditions and payment conditions.

[ARD]

Irrespective of the legalities I have a feeling here that your expectations are somewhat beyond realistic.

No smokers, but can you control the activities of visitors and dictate what they are and are not allowed to do ?

I suppose the cost of a new carpet could be deducted from the deposit if a Goldfish splashes his water.

Your right enough with the rent payments but I've got used to offering 'some' flexibility there. I recently evicted an excellent rent payer for reasons I considered more important.

thanks

[ARD]

An LA has no control over a tenant who declares that they are non smokers and have no pets who then subsequently turn out to be both.

Provided your LA has followed a correct procedure in obtaining a suitable tenant then there is little you can do except give the tenant notice to quit as they are in breach of your tenancy agreement. This will be down to you to organise.

Is the agent entitled to the management fee in month 7, after the initial 6 mth tenancy?

Yes. If you can prove total incompententacy by the LA and you put your concerns in writing to your LA then there may be a case whereby you could come to some agreement on terms and conditions and payment conditions.

Thanks for this. If i take over the management of the property, what needs to happen i.e. is it just a letter to the tenant, does the LA need to send me over the file he holds (references, credit checks, presuming that i would have to do these if i had got the tenant).

[Melboy]

Thanks for this. If i take over the management of the property, what needs to happen i.e. is it just a letter to the tenant, does the LA need to send me over the file he holds (references, credit checks, presuming that i would have to do these if i had got the tenant).

Your first step is to contact your LA outlining why you are withdrawing from their contract and you have to give them the chance of reply to your concerns.

You may have to pay them a withdrawal end of contract fee. It really depends on how strong a case you have and more importantly actually proving mis-management by the LA.

Your tenant breaking smoking and pet rules would not be a good enough reason imo for you to claim any LA/Landlord money expenses back.

[Grampa]

Most smokers will either say they dont smoke or they only smoke outside, if they break the rules the only option is to give notice or threaten to if they dont stop.

Our contracts have the following.

1. <p dir="LTR" align="JUSTIFY">
2. Not to smoke in the dwelling nor allow anyone else to smoke in the dwelling. Any breach of this clause & the tenant will be reponsible for costs or rectification of any damage caused & for any appropriate redecoration, cleaning, fumigation etc, required.
   
   

[Richlist]

As a non smoker I reckon that I can always spot a smoker if I talk to them for a few minutes as its on their clothes usually. Its one of the reasons why I insist on meeting any potential tenant and making the choice myself as to wether I will let them have the property.

Don't be lulled into a false sense of security if the smoker promises :-

* to ONLY to smoke outside

* That they are about to give up

* That they only smoke 'occasionally'

* etc etc

cos they is most probably lying......and it just ain't worth taking the risk.

[PatseChi]

dump the agent immediately - send notice now

evict the T - get a judgement through the courts

[ARD]

Yes that is on my mind. re the smoking issue the LA said he knew the tenant for 2-3 years so should have known he was a smoker, obviously he was lying. And I really dont like hamster ###### in the house, which is what we saw on one visit.