UK Landlord Forum / Life

Hi all

Short background, I have a number of properties, some I manage myself, some I use agents for as well spread, a tenant recently left a property which is managed by an ARLA registered agent without giving any notice. The property is in Liverpool.

The tenant signed to a AST and due to their personal circumstances paid 6 months in advance and notice period and the usual other documentation is correct and in order. In any event the dispute went to the DBS, the tenant disputed saying she thought it was for a fixed period, though the agreement clearly states it is not and AST etc. The Agents provided all the correct documentation and information, but the DBS have agreed that the Tenant should get a full refund.

What next steps can I take with the agent, they are ARLA registered, their paperwork seems correct and to be fair pretty watertight (obviously not enough), would the DBS side with the Tenant if they felt they were mis-sold the letting in the first place.

Like many I use agents as needed to support my portfolio, this was a fully managed agreement.

Any thoughts next steps on way forward?

David

Did they move in?

That I think is key.

I would think it unfair to ask for 6 months rent up front, then not move in, and then not give it back.

Was the agreement a 6 month AST?

If it was then the tenant can just move out when it finishes notwithstanding anything that the agent has tried to incorporate into the agreement to ensure the tenant gives notice. Desperately unfair on the landlord but clauses forcing a tenant to give notice if leaving at the end of the fixed term are probably unfair and unenforceable.

I guess that you have tried to claim something like a months rent from the deposit as notice was not given and if that claim has been rejected I assume the DPS held the agreement was for a fixed period or they had insufficient evidence to decide in your favour. The amount of paperwork involved in a DPS claim is substantial and I have been involved in quite a few. Of late I'm afraid I feel that, as a landlord or agent, cases are no longer decided on the balance of probabilities but beyond reasonable doubt which is far harder to prove.