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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I brought an apartment which was letting out through a letting

Resolved Question:

I brought an apartment which was letting out through a letting agent by the previous owner. The tenancy agreement has expired. The present tenant is willing to sign a new contract with me.

I want to change the letting agent to the one my family is using. Unfortunately, the existing letting agent claims that I have to give three months advance notice to them for the change. The letting insists that I inherit the letting agreement when I takeover the ownership. Is it true? What can I go?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that you have not agreed any terms with the agent directly to date please?

Joshua :

Does the agent collect rent and pass this on to you?

Customer: I do not have any agreement with the existing letting agent. About the rent, there is an outstanding car park rental that I have to collect it from the agent immediately after the completion in an amount of £50.00
Joshua :

Thanks. What about the monthly rent for the property - is this paid direct to you by the tenant?

Customer: The monthly rent was sorted out through the apportionment during the completion.
Joshua :

Understood but future rent payments owed by the tenant. Would these come to you direct or via the agent?

Customer: In the future, there is no arrangement has been made about it.
Joshua :

Thanks. The position is that from what you say you do as the agent has suggested inherit the tenancy agreement obligations as the new landlord but you have no relationship to the existing agent and accordingly have no contract with them or liability to them beyond any provision contained in the tenancy agreement. This may be relevant if the rent is deemed to be paid directly to the agent but this is not relevant from what you say.

Joshua :

The agent cannot rely upon terms signed between it and the previous owner as these terms and conditions do not bind you subject as above. Accordingly your obligation if you wish to end the existing tenancy is simply that required by statute, namely that the tenant is entitled to 2 clear months notice from you to end the tenancy. However if the tenant is willing to waive this right there is nothing preventing you agreeing to accept a surrender by the tenant of the existing tenancy and simultaneously agreeing a new tenancy agreement with the tenant on terms agreed between you

Joshua :

If the agent is entitled to 3 months notice under its terms and conditions agreed by the previous owner then it has a claim against the previous owner rather than you for any loss they can show they have suffered.

Joshua :

Accordingly I can see no basis for a claim by the agent against you for any minimum notice period as no contract exists between you and the agent beyond any provision in the tenancy agreement and therefore any notice period required by the agent by its terms would be one they would need to pursue against the previous owner rather than you.

Joshua :

Is there anything above I can clarify for you any further?

Customer: Many thanks.
Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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