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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the landlord of a flat which is let to my tenant

Resolved Question:

Hi,
I am the landlord of a flat which is let to my tenant via a Letting Agency. The Letting Agency have told me that I can not terminate my contract with them if my tenant remains. They said the same two years ago and I gave up but I will not give up this time as the service they provide is appalling and I do not wish to continue to pay them a lot of money for nothing much.
I have asked to see the contract and for an explanation from them as to what reasons they give for not allowing me to end the agreement if my tenant remains.
I do wish for my tenant to remain and to let the flat directly to her. She is happy with this idea. Can you tell me what I can do?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Did you sign a contract, if so what does it say about termination?
Customer: replied 1 year ago.

Hi

I did sign a contract. I didn't know it contained such a clause if it did. I have asked the agency to direct me to the relevant clause.

If however i did sign such a thing, I do not wish to abide by it. It is ridiculous as the agency does not provide a good service and is terribly expensive. I would not wish to continue with them even if I have signed something.

Perhaps I would have to stage my tenant's departure! But I don't want to disrupt my tenant.

My tenant is aware of how awful the letting agency's service is and would be happy to go along with whatever I suggest but as I say I do not wish to disrupt her.

Expert:  Ash replied 1 year ago.
Indeed. But if there is a contract which says that you are bound until the tenant leaves, then you are. It is a contract and you can not just get out of it because you do not like it.
What you could do is serve notice for your tenant to leave. The tenant can move out for 1 day, then the tenancy has ended. Once it has ended even for 1 day they can move in the following day - you could put them up in a hotel.
But this means there is a new agreement and you are released from the agency agreement.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Hi,

Thanks for your advice. Would my tenant have to take all their belongings or just move their body out do you think? I'm just thinking that the agency does an itinerary at the end of a tenancy.

Expert:  Ash replied 1 year ago.
Just move out in body. No one would know they had physically moved and you can say you dont want an inspection!
Alex
Customer: replied 1 year ago.

I like the idea it;s great. However I am worried that the agency would insist on entering to check for damages etc and may state that they can not return the tenant's deposit until they have done so? I can ask that they do not do this but they may say they are bound bt law and as a result can't return the tenant's deposit. It is quite a big deposit from what I recall - I think one and a half moth's rent.

Expert:  Ash replied 1 year ago.
You can say you dont want an exit inspection. They cant force you. You can ask that the deposit is released.
Alex
Customer: replied 1 year ago.
Hi. I wrote to the letting agency and they cut and pasted the relevant clause as a reply. I then replied to them
That in that case I would ask the tenant to leave. Their rey was as follows:
"In that case Leaders would serve notice on your tenant to leave the property, we would have to carry out a check out of the property, produce the relevant report and then release the deposit to the tenant. As an alternative, if you wish to retain the tenant that Leaders has supplied, we could accept a fee to break the contract.
Would you rather retain the tenant?"
Can you assist me as to how to proceed?
Expert:  Ash replied 1 year ago.
Its a matter for you. They may charge you a break. Only if there is an obligation in the contract with you and them would they have to carry out a check. They are not legally obliged to.
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

Hi,

I have a different problem.

I am the lessee of the flat above but I own part of the freehold. I let it out to a tenant.

I am attempting to restore a balcony at the rear of the flat. Work is underway. Planning permission has not yet been applied for as the builders commenced the work in error, this was surveyed by the managing agents, and it was agreed that one legal route was to apply for retrospective planning permission. It was considered unlikely this would be rejected given I was restoring the original.

One of the other shared freeholders has emailed to say she does not agree to the work to restore the balcony to go ahead without planning permission. She suffers from mental health issues but this is beside the point.

The builder doesn't think she has any right to write this nor any right to stop works or prevent the restoration of the balcony. It will not affect her flat in any way, which is two floors above. The balcony will improve the building and the quality of life for my tenant.

Does this other freeholder have any right to prevent the works? I have already paid £1500 for the purchase of the wrought iron railings, which are presently being made up, and this money can not be refunded.

Thanks

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