UK Landlord Forum / Life

My tenant of 5 years recently ended up in hospital for 3 months. My building's insurance stipulates that the property cannot be empty for more than 31 days in a row.  Tenants family informed the agent what had happened, and a family member visited the property occasionally, however no-one was staying there. The agent did not inform me so I could could not make  arrangements with my insurance company or inform them.  In my opinion they have invalidated my buildings insurance and this amounts to gross mismanagement. There was also a very, small fire caused by a faulty oven. If the property had burned down, my insurance company would have grounds not to pay out. I want to terminate my contract with the agent immediately for putting my property at risk. Agent is demanding a £600 exit fee. I asked my tenant to pay me direct whilst I dealt with the fallout.  Agent is now threatening both of us with breach of contract.  The agent is a subsidiary of a large estate agent so have a legal arsenal behind them. Where do I stand and what are my options?

1. Does your tenancy agreement contain a clause stating that the property must not be left empty for more than x days in a row?

or

2. Does your tenancy agreement state that the tenant must notify the landlord if the property is going to be empty for more than x days in a row?


If yes, then what is the exact wording please?

Did you tell your agent that they needed to tell you if the building was uninhabited for more than a certain number of days that they had to tell you and did they agree to do that?

Otherwise, there's no way that them not doing so would constitute "gross mismanagement".

My guess is that where you stand is "in the wrong" and you shouldn't terminate the agreement.
Whether or not that agent can make a charge for an "exit fee" will depend on what it's for and whether you've already agreed to it.

Quote from: HandyMan on February 04, 2023, 09:56:51 PM
1. Does your tenancy agreement contain a clause stating that the property must not be left empty for more than x days in a row?

or

2. Does your tenancy agreement state that the tenant must notify the landlord if the property is going to be empty for more than x days in a row?


If yes, then what is the exact wording please?

I dont have a copy of the tenancy agreement. That is between the agent and tenant.

QuoteI dont have a copy of the tenancy agreement. That is between the agent and tenant

IMO, it's a mistake not to be aware of the agreement between you, the Landlord (albeit via an agent), and your tenant.

You are ultimately responsible for the tenancy and you do need to check that the agent has done things correctly.

With regard to the "gross mismanagement", I agree with jpkeates.

Quote from: Gandy666 on February 05, 2023, 08:34:21 PMI dont have a copy of the tenancy agreement. That is between the agent and tenant.

Wow.