Agent lost contact with missing L; how to proceed?

[Charles_Living]

We have been managing a property for an overseas client for 2 years. The only contact we have is by email.

The existing tenant has given notice to leave. We have tried to contact the landlord several times over the notice period to ask his instructions on the re-let.

We have now found a new tenant, who can move in at the same time as the new tenant leaves, but we just want to know what our legal position is in creating a new AST without having the landlord's instructions.

We are sure he will be unaffected, but it just raises a few queries in case he EVER got back to us, say 3 months into a new AST that "he never agreed to it"

Any ideas?

[Ericthelobster]

We have now found a new tenant, who can move in at the same time as the new tenant leaves, but we just want to know what our legal position is in creating a new AST without having the landlord's instructions.What does your contract with the LL say about the service you are providing for him - doesn't it cover whether you should or shouldn't relet without his knowledge/agreement?

You could be in a 'between a rock and a hard place' situation here I would have thought: if you go ahead he could go ballistic because he was intending to come and live in the property; but if you don't, then he could throw a tantrum for you losing him rent income?

[Snorkerz]

I presume, for s48 purposes, you are the address for the service of documments? You would be unable to forward such notices to the landlord if that is the case.

How would you comply with s1 of the L&T 85? I am guessing you can't.

For both these reasons, I would suggest you don't re-let.

Presumably the landlord, or his representative, will be in touch pretty darn quick once the rent stops arriving.

[Poppy35]

yes, I agree.

I would def not re-let unless we had received specific instructions. Perhaps hold onto his rent for a month - am sure he will contact you then! (this was a joke guys!)

I would rather have the wrath of not letting the house then putting someone in there without his knowledge.

[justaboutsane]

I would email the LL telling them that you are withholding rent until they contact you! That way you cover your behind! I am sure they will contact you then!!