PDA

View Full Version : Agent forcing landlord to get rid of the tenant



sober
18-03-2007, 11:57 AM
Hi

As a tenant my sis-in-law signed a 12-month AST which is now expired, and is now holding over. At the same time the agent had made her sign a section 21 notice, and landlord was made to sign a propertymanagement agreement, wherby agent gets comission 10% including rent collection for first year. and also 10% for renewals with same tenant or related parties for rent collection.
Additional 2.5 % for mangement, as well as 1.5% for subsequent sale of property to the tenant or related parties, is also stipulated in that arreement.

Througout the year, the rent was paid directly to the LL, the agent did not collect the rent or manage anything well at all, various requests for reasonable remedial actions remained unheeded for months; agents excuse was that landlord was not giving a go-ahead, whereas months later when landlord got in touch, they had no knowledge of the problems or requests for remedial action.

The landlord decided to get rid of the agent and deal directly. But the agent is now claiming that the landlord cannot get rid of them unless the tenant is also made to vacate the property. And that the tenancy is no longer valid due to seciont 21 notice to vacate (expired last month), and a new tenancy must be signed, forcing a renewal (and hence their fee).
The landlord is scared of any court action from the agent and therefore, reluctantly asking my sis in law to vacate and possible reapply after a month or so.

Can the existing tenancy be allowed to carry on as periodic, despite the sec 21 notice, or can the landlord withdraw the notice?

Can the agent make the LL to get rid of the tenant when both LL and Teanant wish to continue - (either periodic or new AST)?

Does tha agent have a valid claim - there is no caluse on how the agent can be fired.

Will be grateful for any sugguestion or advice
Thanks
Sober

attilathelandlord
18-03-2007, 12:21 PM
An agent can't make the landlord do anything unless they literally have a gun to his/her head.

The agent works for the landlord and not the other way round.

The agent is also talking rubbish.

I would give notice to the agent that they are being disinstructed, advise the tenant also and then just let the contract become a periodic one.

Just because notice S21 has been served doesn't mean you have to act on it.

Only the landlord can take court action.

Ericthelobster
18-03-2007, 12:44 PM
I would give notice to the agent that they are being disinstructed, advise the tenant also and then just let the contract become a periodic one.Attila, as you (I think?) have just advised in another thread - if the agent's contract states that the LL needs to pay silly money for renewal, then that's what the contract states.

The only way to get out of the contract here is to rely 100% on firing the agent due to their inefficiency, and if the agent doesn't accept this then it could well end with the LL having to defend their actions in court. So it probably depends on how much real evidence the LL has: but if the tenant is on-side, as it sounds, he'll probably be OK!

[I don't know if moving the tenant out for a month and then back in (with no other tenancy in between) would work, by the way: the form of words in the agent's contract might have that locked down.]

sober
18-03-2007, 13:25 PM
The wording of the LL contract with agent is:

first rental:
our fee will be 10% for first rental period

and for renewal is:
our fee will be 10% for rental collection. This fee will apply to all renewals of the tenancy whether or not the renewal was arranged by the xyx agent or happen due to any acts or ommissions on your part

The agent has never collected the rent. Does that make a difference?

Thanks

attilathelandlord
18-03-2007, 14:08 PM
As always, it depends on the wording of the contract, it is perfectly possible to disinstruct the agent from management/rent collection/having anything further to do with the landlord/tenant and still be liable for the renewal fee if the current tenant is still in situ.

I'm merely referring to the point about the agent MAKING the landlord do anything.

Moving the tenant out and back would not hold up in court.

Bel
19-03-2007, 00:33 AM
It is easy to revoke the s21 notice; just write to them and say that you revoke the S21 notice to seek possession. You will then have to issue a new s21 when you wish to regain possession at a later date.

sober
19-03-2007, 01:30 AM
Thanks Eric, Attil, Bel; your views / thoughts / advice are much appreciated

Regards
Sober