UK Landlord Forum / Life

My letting agent has been generally useless but they have entered a whole new realm in the last day. My tenants needed to renew their contract about a month ago, we were planning on selling the house. I was out of the country and so my father (who actually isn't authorised to speak on my behalf but anyway!) told them when they called my home that we wanted to go on a 2 month rolling contract as we were selling. I had no confirmation of this by phone or email, in fact they ever once contacted me in person about it at all. Yesterday I called to give my tenants notice and they said no you are on a fixed contract for another 5 months. They keep saying it's a legal document but how can it be when I didn't give them the instruction to draw it up. Now they are asking the tenants of they are willing to leave but they haven't admitted any fault on their part. The issue is that I have put an offer on my dream home and have a good offer on the house that I let out, so I need the tenants out ASAP. I'm really really angry with the letting agent. Sorry for such a long message but what do you guys think, is this document (which I still have never seen) legal and what can I do about it. Thank

The Agent does act on your behalf. In the eyes of a Tenant (who I'm sure you accept is blameless here) the Agent and Landlord are as-one.

Your gripe, rightfully so, is with the Agent (your post reads like the Agent is the only party you've been talking to, which is probably best).

If the Tenants do not want to leave as they have a fixed term contract in place then you could be in for the long-haul. 5 months plus a few more in evicting. The alternative, although it may stick in the craw a little bit, might be to provide an incentive for the Tenants to leave earlier... and I don't mean the "if you leave now then I won't key your car and kidnap your pet" kind of incentive.

However, you never know, the Tenants might not be aware of their rights and they may meekly pack up and leave. You aren't in a pickle just yet, are you?

Thanks, that was helpful. Yes I completely agree that the tenants and I know if it was me renting I would be very unhappy. They have actually fired the guy who has messed up because he has made so many massive errors! I was thinking of trying to give them an incentive if they don't want to go as well, maybe offering to pay for storage for their things or something. They can have a couple of months at least as well. Thanks for your help.

Quote from: welly on April 28, 2015, 10:12:06 AM
I was thinking of trying to give them an incentive if they don't want to go as well, maybe offering to pay for storage for their things or something.

Not much of an incentive to buy your 'dream house' is it.  "Move out to somewhere unknown and while you're nomadic and destitute I'll pay to store your stuff, ok?" 

I'd just laugh if I was the tenant.  Money talks.  At a bare minimum as a tenant I'd be looking at a month, a month and a halfs rent in cash.

I'm only asking them to move out 2 months early, really I think since my letting agent has done the opposite of what I instructed them to do, I think they should pay to get them out. I told them one thing and they just did whatever they felt like. Plus I'm kind of strapped for cash considering it's all tied up in a house that I now can't sell thanks to the agent. I will give them whatever they ask for honestly but I really feel that I'm paying for someone else's mistake. They won't exactly be 'nomadic' as they have 2 months to find somewhere new at least.

Just because their fixed term has another 5 months to run doesn't equate to you only asking them to move out 2 months earlier - they may not have had any plans to move. Tenancies can be happily periodic for years, obviously.

So, the request to move at any time might be a surprise to them now that you are selling-up.

I think what's been advised here is that you must make it worthwhile for your Tenants to accede to your request. That means it should be more than a zero-sum game for them in swapping one property for another... they must benefit. That you might be strapped for cash isn't their problem, really... you're the one instigating a major upheaval in their life.

I assume all your deposit stuff is in order? There should be no obstacles to you evicting them, if it comes to that in the end.

While I agree the fault lies with the Agent and the impact should too... I also think you have little chance of that happening. So I wouldn't focus on that too much. Once you sell-up and have your dream home this Agent will be a long and distant memory for you.

P.S. - of course, this is only an idea - making it worth their while, you could go down the path of offering no sweetener at all, just the stick - no carrot.

Put it on the market, it will be available to buy in 5 months.

There is as much chance of them still being there in 5 months, with the house unsold, as anything else.

Don't stress.

You may even get an Investor who is happy they stay.