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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69544
Experience:  Over 5 years in practice.
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my landlord changed letting agents and i have been threatened

Resolved Question:

my landlord changed letting agents and i have been threatened with court action by the old letting agent since i am paying rent to the new agent , not the old one.
It may get sorted out but i no longer want to stay in the property. can i claim a breach of contract and leave early?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. My name is XXXXX XXXXX I will try to help with this.

What type of contract do you have please?
Customer: replied 3 years ago.

assured shorthold tenency with 4 months left.

Expert:  Remus2004 replied 3 years ago.
Thanks.

Can I presume that your contract is with the landlord not the letting agents?
Customer: replied 3 years ago.

no, contract is with the letting agent.


 


The landlord wrote and advised me he had changed agents, and asked me to alter the standing order.


I did so, and then got threatening letters from the old agents re unpaid rent as the landlord had not terminated his agreement with them prior to getting a new agent to manage the property.

Expert:  Remus2004 replied 3 years ago.
Thanks for the information.

You cannot terminate on this basis I'm afraid. An AST is very hard to escape and these are not grounds. You have to show something like the property being uninhabitable due to flooding or fire damage.

In terms of whether you are liable or not depends on the terms of your contract. If it does say that you will only pay the old agents then you should be paying them and the landlord cannot ask you to do anything else. That said, you would have an overwhelming claim against the landlord and his new agents.

To be wholly honest though, it is quite likely that your contract is direct with the landlord and the agents are no more than the party that facilitated that contract. if so, payment to his new agents is adequate as you are liable to the landlord.

It might well have been that he left without proper notice but that is his problem not yours.

Can I clarify anything else for you?

Jo
Customer: replied 3 years ago.

one last thing,


 


is the "covenant of quiet enjoyment", which is written into the AST not broken when i have recieved threats of potential court action for alged debt from the old agents because the landlord did not contact them to terminate his agreement?


 


 

Expert:  Remus2004 replied 3 years ago.
I am sorry but it does not. Its never very pleasant to receive letters like that but it doesn't encroach on quiet enjoyment.

A breach of quiet enjoyment would be something like the landlord continually attending.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69544
Experience: Over 5 years in practice.
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