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May, 2017

Saturday

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  1. #1

    Post Notice required to Lessee (Managing Agent) to terminate.

    Hi,

    I'm not an experienced Landlord, and urgently need your help please.

    In June 2014, I signed a 2 year Lease with a Managing Agent to let my flat to a tenant. Regrettably, as I did not realise in time that I had to give the Agent 3 months notice, I missed the deadline for terminating the contract at the end of the two year period, so the tenancy has continued for a year, despite my refusing to sign another lease. Unfortunately I do not trust the Agent, or the way I have been unprofessionally treated and definitely do not want to continue for another year and want to terminate the contract altogether. I (think) I understand that Section 196 is purely in respect of delivery of my notice. but please can I have some advice on whether a letter is legally acceptable or, is there a particular legal document I must serve? I'm also very unsure of the exact wording I must use in my letter/document and need some guidance with that too please.

    I have to provide notice by Wednesday 22nd of this week latest, and have only just seen your forum!
    I would be very grateful for some urgent help please.

    Thank you.
    CGB

  2. #2
    Join Date
    Aug 2010
    Posts
    2,739

    Default

    Terminate your contract with the agent in every respect other than your payment of their fee.

    Tell the tenant that rent is payable to you from now.

    Tell the tenant that you will not be renewing their agreement for a fixed period but that they wil be on a statutory periodic tenancy as of the end of their current 1 year tenancy.

    And no, you do not have to give the agent 3 months notice for them not-to-sign another tenancy agreement as your agent.

  3. #3

    Default

    Thank you very much for your prompt reply.

    Please can you clarify for me whether or not I have to give any notice at all to the Managing Agent (Lessee), even though they have a (Local Authority) tenant in my flat?

    I'm sorry, I should have said previously that I want vacant possession, as well as an end to the rolling contract with the Agent.

    I'm not sure of the legal wording I must use to terminate the contract, or where I may be able to find a suitable copy of a letter to adapt perhaps and use?

    I'm also concerned and confused as to whether or not I must serve a Section 21 Notice (because of the incumbent Lessee's tenant) together with my letter.

    I am very grateful would appreciate a bit more help please.
    Thank you.

  4. #4
    Join Date
    Aug 2010
    Posts
    2,739

    Default

    Quote Originally Posted by CGB View Post
    I'm sorry, I should have said previously that I want vacant possession, as well as an end to the rolling contract with the Agent.
    That's a totally different story. The tenant will have a contract.

    Not sure about the use of the word "Lessee" in this context. Or is the agent your tenant -- in which case you may have a whole other kettle of fish.

  5. #5

    Default

    I am the Lessor, the Lessee is the Managing Agent. The Agent has let the property to their tenant - a third party. The Agent guaranteed me the rent for this arrangement. The lease expired in June 2016, but has rolled over for a year - without my signing a new lease. I have to give 3 months notice to the Agent this week latest, that I want to terminate the contract and have vacant possession.

    I need guidance with the wording of a notice to terminate letter to the Agent, and I don't know whether or not I also have to provide a Section 21 notice (because of the their tenant)?

    Sorry to keep asking for help here - I just don't know what to do.

  6. #6
    Join Date
    Mar 2008
    Posts
    3,497

    Default

    You have a commercial gauranteed rent contract with a managing agent to rent out your property.

    The managing agent has an AST with their tenant, who lives in your property.

    You will have to read your contract with the managing agent to see what the conditions are for ending your contract with them.

    Then you will have to find out how much longer the fixed term of the tenant's AST has to run. The tenant cannot be evicted, without fault, until then.

    You will either end up as the direct landlord of the tenant until they can be evicted. Or the managing agent will still be in place until they have evicted their tenant at the end of the fixed term.

    So once again, read your contract with the managing agent to see how you can end it.

  7. #7
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    13,292

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    We need to know what the agreement with the agent says about the term granted and the notice required.

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