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Moose
11-08-2005, 14:27 PM
At my reqest,my agent has given 2 months notice to my tennant[on an A.S.T.].Since then I have decided to fire the agent when the 2 months is up.
I would also like to keep the tennant,whom the agent originally found and holds the deposit for.I intend to manage the property myself from now on.
What is my position regarding firing the agent?Should the tennant sign a new A.S.T. with me before the one with the agent expires?What is the tennants position regarding the agent? [the tennant wants to stay in the property] Any advice/comments appreciated.

MrShed
11-08-2005, 14:35 PM
- The tenant does not have an AST with the agent, it is with you. They will have prepared it etc on your behalf, but it is still with you.

- There is no contract between the tenant and the agent, so any relationship they had has now ended.

- You will not need to create a new AST. I would just prepare one for when the current AST expires(unless you wish the tenancy to become periodic).

Basically your position with regards to the tenant has not changed at all. I would merely advice him that you are no longer giving him notice to leave and he can stay if he wants.

dazalock
11-08-2005, 14:57 PM
I think there may be more to this, in essense Mr Shed is correct, however, you do have a contract with the agent and you should check the terms and conditions of the contract to see if you are in breech and therefore open for court action.

As the tenant has been served a S21 you cannot withdraw it, it is unconditional and therefore stands. You could, however, inform the tenant that the property is going to be re-let and should he/she wish to apply, you will consider the application favourably. I would go as far as actually putting a small ad in the paper if anything comes back from the agent.

You would then create your new AST with the tenant.

oaktree
11-08-2005, 16:29 PM
Dazalock is correct in regards to your relationship with the agent.

I would look very closely at the T's & C's; you should especially be looking for any clause that gives the agent the right to continued payment should you decide to dispense with their services but keep the tenant they introduced to the property. Don't confuse this with an introduction fee for let only properties, it isn't the same.

Why are you sacking them?

Moose
11-08-2005, 21:53 PM
Thanks for your thoughts.
The Tennant has already been in the property for a couple of years.
I am now in a position to manage the letting myself & want the extra cash.
I have no written contract with the agents.

???

MrShed
11-08-2005, 22:04 PM
Although no written contract is obviously not good, they can still have a verbal contract. Have they objected to you "sacking" them?

Moose
11-08-2005, 22:21 PM
I haven't told anyone anything yet as I'm still investigating my options.

MrWoof
12-08-2005, 10:39 AM
I went through this scenario a couple of years ago, I had no written contract with the agent but her actions were such that she would have been in breach of contract anyway. I did it by informing her and all tenants by hand delivered letters one evening, no notice, effective immediately, timing was to minimise any financial disruption to me.
If you simply want the extra cash, there's no reason to do this, give the agent notice, but why did you originally want to get the tenants out and why do you now want to keep them?

Jennifer_M
12-08-2005, 11:27 AM
I might be wrong but I seem to remember Paul_F writing that if there are not written T&C and contract then the LL can fire the agent anytime without any notice or penalty.

Search on the forum to find the post (or maybe Paul can confirm or correct me)

Moose
12-08-2005, 18:37 PM
I was planning to move in myself but have since been offered a job in a different area and will move there instead.
Also I have now spoken to the agent. They want two months notice from me
and don't mind if I keep the tennant.
The agent hasn't done anything wrong,so I guess I should have said something less loaded than "FIRED".
As the rent is paid monthly wouldn't one months notice to the agent be fair?

MrWoof
12-08-2005, 18:49 PM
No written agreement, no notice needed.

Paul_f
12-08-2005, 22:29 PM
As the tenant has been served a S21 you cannot withdraw it, it is unconditional and therefore stands.Where do your get this tripe from? Of course you can withdraw a S.21 Notice. You can withdraw any Notice at anytime.

If there is only an ORAL agreement, not the wretched "verbal", which can still be an agreement which is in the written form or orally agreed, then yes, the landlord can walk away from it without prior notice.

I intend making a nice little sideline in writing a terms of business agreement. In fact I've just reviewed an agent's (dreadful) version only today! My report extended to 5 pages of A4, when the original terms were only 6 pages. Hope to offer one on the zone fairly soon where you will be able to buy an annual license to use it!

dazalock
13-08-2005, 07:45 AM
Thank you for replying in such a professional manner Paul, I would have thought a simple "this is wrong" would suffice, if you wish to sling insults, please do so in a PM.

Anyway, I take your point that you can withdraw the notice later, however my point was that you cannot issue the S21 on the assumption that you are going to withdraw it later. I refer to one of your own posts where by you wrote:

"You must serve a correct verison of a S.21 Notice on each tenant to bring the tenancies to an end and it MUST be unconditional (Don't offer any of them a new AST, the tenants MUST request one otherwise you invalidate the S.21 Notices) - that's when you can introduce any proposed rent increase so that they are able to decline if they so wish."

MrWoof
13-08-2005, 08:30 AM
Paul, Your contributions to this forum are invaluable but what's changed? When I first found Landlordzone your comments were informative, extremely helpful and understanding. Now, apart from your 'Question Times' you seem to be auditioning for the next series of 'Grumpy Old Men'. Something I've never seen you do before, in at least two recent threads you have complained about waffle and gone on to repeat answers already given by others. Can we have the 'old Paul_f back please?