sober
18-03-2007, 10:57 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 And that the tenancy is no longer valid due to seciont 21 notice to vacate (expired last month), and a new tenancy must be signed, forcing a renewal (and hence their fee).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
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