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In the dark with tenancies!

Started by Daisies, August 13, 2017, 03:48:04 PM

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Daisies

I am in a situation where I have an estate agent to manage the tenancy of my flat.

2 days ago, I received an email from the council and in the email states that my tenant has moved out from my flat while asking. I was very surprised with this news and contacted my estate agent. I was not able to get hold of the person in charge and was only able to speak with my estate agent yesterday.

I was informed the following :
1) That the tenant has indeed provided a 1 month notice (this wasn't informed to me).
2) That they have found a new tenant and the new tenant is moving in today (this was only informed to me yesterday).
3) That the person dealing with this matter will give me a call to advice works. I did not receive a call, I emailed and received a reply email saying that all will be explained tomorrow, that all are well with my flat, that I will be paid on Monday, and that there is nothing I have to worry about.

I was shocked with the situation and the whole matter. Is it normal for estate agents to do this ? As I am new with estate agents, I don't know what to expect really. But surely things as new tenancy, ending old tenancy, etc should be made known to me ?

I honestly do not know what to do now. I think the tenant may have moved in today. I am still in a state of shock. There are so much that I am worried about.

My questions are :
1) What can be done in this situation ?
2) Is this a normal practice for estate agents ?
3) What choices do I have ?
4) Etc etc etc - please can any one share their thoughts, experiences, advices on this ?

I think I need lots of advice on how to deal with this situation.

My thought is - just let the new tenancy to be completed (as the contract may have been signed by the estate agent), and then take back my flat after the term agreed. And as I write this, I don't even know what term is being agreed upon for my flat !!

Anyway, I hope for kind replies, and if possible - some kind of assurances as well.

Thank you.

Housingenforcers

lack of communication on the estate agents part, plus as your there client would of thought they would of kept you updated. they should of issues a standard 6month tenancy. Do you have a contract you signed with the agent if so if you can pm a copy happy to check it for you. Also you should off been given details of the new tenants

David M

Appallingly bad service. If you are able you should change agents asap and choose one that is ARLA regulated at the very least. What you have described is not standard practice at all and falls so far short of accepted practice that I am astounded the agent is even still in business.

propertyfag

Outrageous. I would get rid of the agent and lodge a formal complaint with them. I would also tell them not to proceed with the new tenant (if it's not too late)!

I don't even think they can legally do what they have done, as the tenancy agreement should be between you and the tenant, and not the agent and tenant i.e. they would have needed your signature.

By law, the agent should be a member of a regulated body. Find out which one, and then lodge a formal complaint with them also.

Daisies

#4
Thank you so very much everyone, for kind replies. Much appreciate the advices.

Further informations from my end :

1) I think it is too late to not proceed with the new tenancy as the tenant has already moved in and a contract (6 months tenancy) has been signed.

2) The tenancy agreement was signed by the agent on my behalf - it goes the same with the first tenancy. But for the first tenancy, I was being updated on all works.

3) As for changing of agent, I am not sure if doing so will cause more complications as they know the current tenant, etc, and I am not sure if I can change the agent without any incurring costs.

4) I do not know which organization they are regulated with. I will definately check with them.

5) The agent has yesterday emailed me the new contract, with inventory sheet, etc. All seems to be ok with the new tenancy, but because of how things were done, I am not sure what to think or do.

6) And I was charged with tenant search fees + 1st month management fees, all deducted from the 1st month rent.

Feel really let down by the agent. I still can't believe they did what they did ! My thought is to probably complete the 6 months tenancy with the new tenant and then decide what to do next. What would you do in the situation that I am in, considering matters from all angles ?

Hippogriff

You are naïve about all things relating to letting property and you should get out of the business. I'm not saying this to pick on you, it's just obvious from your posts that you don't have a clue what you're doing and you're going to get into pickle and pickle and this is no good for you, or for your Tenants who deserve a professional Landlord. When you employ an Agent you are employing someone who can act in your stead - that's the definition of Agent. So you can't [really] complain about the things they've done on your behalf. I mean, you can complain, of course... but I suspect part of the overall problem here is you. I have read your posts and you come across as being perpetually confused, in all things. You may well have the desire to improve - and that's a good thing - and we all do an element of learning-on-the-job - but you might just be better off out of this game. It feels like you're being taken advantage of, it feels like your Tenants are probably confused, I sense a problem with other legislation in due course (be it deposits or GSCs or Right To Rent checks, it doesn't matter - something) and this will cause you angst and heartache (probably something to do with your rather hands-off and possibly cavalier approach to date). Do you think it is worth your while to really assess the situation and decide - objectively - whether it's worth selling-up and doing something else to make money? I think it could be a good use of your time... that's me trying to be objective, not nasty (I realise it could be taken differently, I apologise in advance).

heavykarma

I would agree with Hippogriff that being a landlord is not the right thing for you to take on.I replied to this effect to some of your previous posts,when it sounded as if you were suffering overwhelming stress.This agent has not behaved in the correct way at all.That said,you have had decent tenants by the sound of it,and not had rent arrears.Acting as devils advocate,I do wonder if the agents have taken control beyond their remit in order to save you obsessing over every detail,and taking up a lot of their time.It does not  excuse them,but I can have a certain sympathy for their actions. I speak as one who has had some very bad experiences with tenants,like many who post on here.I really don't think you would be able to cope.It is no sign of failure to say this is not working out well,and look at other options that will be easier on your nervous system.Good Luck.

1702swales

I would Spend as much time as possible reading the guides on propertyinvestmentproject.co.uk, and information from other sources (such as gov.uk), so you fully understand what a landlords obligations are (you might do already, if so, great).
When these are fully understood, then I would re-assess the situation to see if you still want to be involved in this game, and think you can manage the extra commitment. As for the signed contract, there is not much you can do unless you both mutually agree to end the tenancy early, if not, bite the bullet and wait for 6 months to end. I would then kick the agent into touch, and manage the property myself, this way you have much more control over future situations, should you wish to continue renting out property.


David M

A landlord who isn't up to speed with the latest legislation is certainly more vulnerable but that surely is the whole point about using a decent and regulated agent. At least half the landlords we act for don't have the first idea what formalities they need to comply with but, as well as finding a tenant, that is what they pay us a fee for.Trying to save a few pennies by opting for a no-frills online offering or the cheapest agent on the High Street could be a really expensive mistake costing thousands in lost rent or penalties. Just factor agents charges into the mix to see if you are still making enough profit to carry on being a landlord.