Can Letting Agent change Tennant without notice?

[EVR]

Hi there,
Our Letting Agent has re-let our property to a new tennant without notifying us that the ex-tennant had even given notice. We were only made aware when we received our rental payment minus a £350 new letting fee.
I am currently trying to obtain a copy of our agreement with them as I find this totally unacceptable.
Please could someone advise me if this is normal for a Fully Managed agreement?
Many thanks in advance

[jeffrey]

It all depends on the Agency Agreement. Where's your own copy?

[EVR]

We dont have a copy as we are currently living overseas, so I am trying to obtain a copy from the Agent as soon as they open on Monday. I can only find the agreement between the Agent and the Tennant. Is that normal practise for Fully Managed? Thanks for replying

[jeffrey]

We dont have a copy as we are currently living overseas, so I am trying to obtain a copy from the Agent as soon as they open on Monday. I can only find the agreement between the Agent and the Tennant. Is that normal practise for Fully Managed? Thanks for replying
Eh? The Agent (A) is yours (= L's). You have two contracts:
1. Agency Agreement (L and A).
2. Letting Agreement (L and T).
There is no Agreement between A and T!

[dominic]

I think the OP means the tenancy agreement, probably signed by A on behalf of LL.

[Springfields]

Check what you have signed with the agency, this sounds to me like they have just assumed that this will be what you required whereas as soon as your tenant handed in notice you should of been informed and asked if you would like the property marketing. (Especially as your tenant gives at least one months notice.)

[fsl]

Yup, sounds very much like they have just assumed that you would want them to just continue marketing however most agents would have informed you of the previous tenants vacating. We would not let a property without the LL's consent under any circumstances.

[Wickerman]

some large agencies seem to miss this point.

I purchase a property a few years back (a substantial five bed HMO property) that was vacant. I renovated it (quickly) and got 5 tenants in within about 8 weeks of purchase. Got it up to standard, applied for the HMO license etc.

Nine months later, I get a phone call from the tenants saying a letting agent has just let themselves in. A quick call to my office (I own my own agency) and it is not my staff, so I visit the property.

I find out that an agency member of staff (who helpfully left a business card) had done a viewing, and told my tenants that "your landlord is obviously greedy, trying to get two lots of tenants in the house" (what??? not sure the first 5 tenants would let another 5 in).

This came about because:
1. We did not change the locks on the property when we bought it
2. It was previously managed by another agency instructed by the previous landlord, but had been empty for about 12 months when we bought it.
3. The other agency was bought out by a large estate agents (the oldest in Merseyside, apparently).
4. The new agents did not bother to:
a) check if the property was vacant before doing a viewing
b) visit the property to ensure it met current regulations
c) check to see if the property had the correct gas and electrical certs
d) check to see if the property had a HMO license (they were showing a group of 5 round a 3 storey property
e) if the landlord wanted them to tenant it (this was MONTHS after the buyout)
or even...
f) if the landlord still owned the property.

I changed the locks, then wrote a very stiff letter to the agency demanding what the hell they were doing.

Still, lesson learned!!!

[dominic]

And you wonder why agents aren't regulated....

[leaseholdanswers]

Always use an ARLA or RICS agent.

[dominic]

Which are a voluntary registration scheme, whose ultimate sanction is to expel them from the scheme.

[jeffrey]

And you wonder why agents aren't regulated....
I agree with you. Although licensing of landlords is useless, and pre-qualification of intending landlords has been ruled-out by the Coalition, licensing of Letting Agents is essential so as to bar the villains/incompetents and promote the merits of the virtuous/competents.

[dominic]

I agree with you. Although licensing of landlords is useless, and pre-qualification of intending landlords has been ruled-out by the Coalition, licensing of Letting Agents is essential so as to bar the villains/incompetents and promote the merits of the virtuous/competents.

... and a recognition that agents, like solicitors, accountants etc, deal in £000s of client client money, and are responsible for people's home(lessness).