UK Landlord Forum / Life

We've had tenants in our property for two years.  In August last year, they asked for a 12-month tenancy agreement (via our letting agency) which we agreed to, and signed the assured shorthold tenancy agreement (form AO3 LC32020).  However, we found out yesterday through the letting agency that the tenants never signed the new agreement and have since vacated the property.

The letting agency is looking into why we were never informed.

Are the letting agency liable for any rent due themselves until we get a new tenant?

Thanks in advance for all the replies

I don't think the agent has done anything too much wrong other than not chase up the tenancy agreement or tell you it's not been returned. But, no, they're not liable for paying the rent.

No. Please don't be surprised by incompetent (or worse) Agents. Move on, 'cos it's time to groove on...

Quote from: jpkeates on January 03, 2024, 11:42:46 AMI don't think the agent has done anything too much wrong other than not chase up the tenancy agreement or tell you it's not been returned. But, no, they're not liable for paying the rent.

Quote from: Hippogriff on January 03, 2024, 12:59:45 PMNo. Please don't be surprised by incompetent (or worse) Agents. Move on, 'cos it's time to groove on..

Isn't this why we pay them, with no comeback if they make mistakes

Quote from: PJM1959 on January 03, 2024, 01:14:57 PMIsn't this why we pay them, with no comeback if they make mistakes

I don't understand what difference it would have made.

If they'd come back and said that the tenant hadn't signed the agreement, what would (or could) you have done?
They can't make the tenant sign a new agreement.

If they charged you a fee for a new contract and didn't do it, that would be different. They should give you that fee back.

I use an agent (although, as it happens, I don't do renewal tenancies), there's no way I wouldn't notice them not doing something that I expected.

It' s not clear when the tenants left,but assuming it was recently I don' t  see what they have done wrong. In future there is no need to get new agreements signed, just let the tenancy roll over into a periodic agreement which requires no documents. If you have other reasons for complaint about the agents, this is the perfect opportunity to change to another one or take over yourself, without incurring a penalty fee.   

What would be the value of your loss assuming you got replacement Tenants, probably nominal especially if you increase rent.

Agents often only like to renew a contract so they can make a fee.

The terms of the old contract roll into the SPT created when they did not leave the property when the new one was granted.

as JPK says only issue of possible concern is a fee.

I think they did you a favour, next time use a contractual periodic and you will be able to secure slightly better terms than an SPT, you will have no renewal fees nor will the Tenant and you can include annual inflation or market rent rises at your discretion.

If you really think that there is a case for negligence here it would need to clearly set in stone and hardly worth enforcing.

Personally I think that Agents are the walking dead because of the plethora of platforms available, they are now only needed for extremely busy people who value their time or incompetent Landlords. 

The number of scammer Agents are increasing and they affect your reputation.

Quote from: PJM1959 on January 03, 2024, 01:14:57 PM

Quote from: jpkeates on January 03, 2024, 11:42:46 AMI don't think the agent has done anything too much wrong other than not chase up the tenancy agreement or tell you it's not been returned. But, no, they're not liable for paying the rent.

Quote from: Hippogriff on January 03, 2024, 12:59:45 PMNo. Please don't be surprised by incompetent (or worse) Agents. Move on, 'cos it's time to groove on..

Isn't this why we pay them, with no comeback if they make mistakes