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How do I get my property back from the Agent?

Started by Sue London, July 04, 2023, 10:23:38 AM

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Sue London

Hi everyone

I hope someone can help me.

I had a Guaranteed Rent contract with the Agent which ran out after 2 years this January.

I gave him one month's notice but he said he can't give it back because he put a tenant in for one year's AST from last July, ending this July. He didn't ask me if I wanted to extend my contract with him by 6 months, he's a complete bully and very aggressive to deal with.

He's underpaying me by charging to much commission and hasn't passed on to me the increase in rent over the last 2.5 years.

So I instructed him to serve three months Section 21 Notice on the tenant in April.

I contacted the tenant direct who doesn't speak much English and the translator said she doesn't understand she wasn't aware she has to leave by July even though she's received the section 21 Notice.

The agent has made it clear that if she stays beyond this point he also stays as the agent as I have a month to month rolling contract with him, as it officially ended in January.

I'm desperate to get rid of him and to manage her myself.

I keep giving him notice to get rid of him, and he keeps telling me he can't go until the tenant leaves.

My guaranteed rent contract is vague and doesn't state how to terminate it.

Free retired solicitors have told me I can give him one month notice before taking the property back. Presumably changing the locks and getting the deposit transferred over to myself.

The tenant is a private tenant but if she stays after her AST finishes, I fear he will renew her contract for another 6 months and I won't be able to get rid of either of them next January and will be back to square 1.

I've told him not to renew her contract and not to put a new tenants if she does leave.

Can I change the locks and manage her myself after her contract with the agent ends?

I'm desperate to get rid of the Agent because he's such a bully.

He is still paying me guaranteed rent.

Any other ideas are welcome.










jpkeates

When you end the tenancy with the agent, the occupant of the property should become your tenant automatically. I think that's what the retired solicitor was trying to tell you. That simply removes the agent from the arrangement - they don't have any choice about their tenancy ending.
I'd suggest getting some proper paid for legal advice to make sure that everything is done properly.

However, you need to consider what will happen if the occupant becomes your tenant, because you're relying on the agent to have done their job properly.
As it's possible that that hasn't happened, that might make it very difficult if you want to evict the tenant at some point.

heavykarma

This is a case for  "Handyman The Agent Slayer".

HandyMan

Quote from: heavykarma on July 04, 2023, 11:58:47 AM
This is a case for  "Handyman The Agent Slayer".

Mwahahaha!  Somebody called?



Alas, my slaying days are over now.

heavykarma

All the hard men who have retired and are living off-grid in the forest cannot resist one last job when their old buddies from the CIA,SEALS etc,track them down.

HandyMan


Sue London


HandyMan

Quote from: Sue London on July 04, 2023, 08:50:39 PM
I need you, Agent Slayer!!

;D

I'm sorry about the problems you are having. The agent I dealt with* was just serially incompetent, not a bully like yours.

I think you should follow jpkeates' advice.


* You may interpret 'dealt with' in whatever way you wish.