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Section 21 and Letting Agents Commission

Started by Landlord32, July 04, 2014, 11:19:25 AM

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Landlord32

Hi, I have let my property out for 6 years with the same tenant and letting agent. However we now want to sell. The tenant was okay with this so the Section 21 was issued 4 months before. Everything was done above board, deposit protected etc. However 2 days before the date the tenant was supposed to leave he said he can't find anywhere else and is refusing to now leave.

However, the letting agent is now saying that is he remains in the property then the annual commission (£1300) which is due at the same time and which I've been paying for 6 years as they introduced the tenant is still payable! I have argued (unsuccessfully so far) that there is no renewal of tenancy and the agreement between all of us ends on 4 July (which was the date the tenant was supposed to leave).

They have pointed to their terms and conditions which state that if there is any renewal, periodic tenancy, extension or holdover then commission is due. I have looked up all of these terms and they denote some sort of renewal. I have not renewed with my tenant he is staying against our wishes now. I have tried to contact him to find out the situation but he is not responding.

The letting agent is now saying that it doesn't matter if he doesn't renew he's in the property so commission is due. I think I have a strong case as I don't even know whether I'm going to get any rent off the tenant. Does anyone have any experience of this, advice on next steps ???


Riptide

Worst case scenario, you don't pay them and they sue for breach of contract.  They won't do this if they are in a weak position and if you're in a strong position you'll win.

Best case scenario, you don't pay, tell them to leave you alone, and they do.

boboff

I would insist they go fuck themselves.

Arseholes!

One house

Hello,

Im interested how you will evict the tenants that have become squaters?

boboff