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Nov, 2014

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  1. #1

    Lightbulb Change of Agency

    HI everyone- A new landlord of ours has decided to use us for the management of all of his properties. The current LA have been notified and I am contacting them to discuss. There are 2 properties both in existing tenancies with several months to go. The existing LA uses the TDS scheme whilst we use the DPS scheme. I believe the first step is for the landlord to notify the tenants of the change of letting agent - I planned to draft a letter for them along with a section 48 for the serving of notices. The current contracts state the existing agent for this. What I am unclear on though as this is something new to us is that we have really detailed inventories- would the agent be obliged to pass their inventories to me to use for inspections and end of tenancy? Whilst the existing contract remains do I need to create an addendum to it and if so can anyone advise on the content of this - we use letlink for our stationary. Sorry for so many questions - wrt to payments and the standing order - should I advise the tenants to cancel the existing and then to commence the new one with us? thanks in advance!

  2. #2
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    Quote Originally Posted by NewLettings;
    would the agent be obliged to pass their inventories to me to use for inspections and end of tenancy?
    You will find it difficult to use this at the end of the tenancy as you were not the company that drafted the inventory. If it was done by an independent firm then they should undertake the "check-out" at the time.

    I suggest you read my signature at the bottom of this post as you might well benefit from my services.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

  3. #3

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    Is the previous letting agent not expecting some form of compensation for loosing the landlord he found tenants for? If tenants have a few months left on ast, who is the landlord going to pay the management fees to? The old letting agent, the new letting agent ? I doubt he pay you both!!

  4. #4
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    The agent must surely have an obligation to give copies of the opening inventories to the landlord? Who can then give them to you. The opening inventories are proof of the condition of the property at the start of the tenancy, so I can see no reason why the landlord could not use them as such evidence at the end of the tenancy.
    #Paul_f, can you clarify why the change of agent would affect the landlords position? both parties are "agents for the landlord".

    FWIW, had a tenancy transfer from TDS to DPS and that was acomplished by the original (TDS) agency writing a cheque for the full amount (payable to DPS) and sending it to the landlord. That way, the deposit was never unprotected, being protected by TDS until it was cashed by DPS.

  5. #5
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    I also don't see why a change of agent, or using different clerks for check-in and check-out should make any difference...

    Quote Originally Posted by Snorkerz View Post
    That way, the deposit was never unprotected, being protected by TDS until it was cashed by DPS.
    Because TDS is not a custodial scheme.
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  6. #6
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    Quote Originally Posted by Snorkerz View Post
    ...........so I can see no reason why the landlord could not use them as such evidence at the end of the tenancy.
    Different agents have vastly different interpretations and a new agent won't have the "inside" knowledge of the condition of a property at the start of a tenancy. It's very difficult to ascertain the true "wear and tear" aspect and it gives a tenant much more power to dispute matters. If there is a deposit dispute how would it be resolved when one agent did not see the check-in and the other the check-out, and the same might be true of the landlord?
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

  7. #7
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    Quote Originally Posted by Paul_f View Post
    If there is a deposit dispute how would it be resolved when one agent did not see the check-in and the other the check-out, and the same might be true of the landlord?
    It's rarely the same person doing the check-in and check-out inspections. Even if it is they are often 1+ year apart so person 'remembers' by reading what she wrote at check-in.
    In any case, disputes are resolved by third parties, be it a court or adjudicator, who never even been into the property.

    What matters is the schedule of condition and how every aspects are described within. It's about evidence, not memories.
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