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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Lettings agent / house issue

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Hi, I am going through a separation and I'm trying to sort out the property I own. It's in my sole name but I have another issue to sort out before I can figure out where I stand. I am renting it out and am living in rented accommodation. As I was thinking about selling it I got a bill from the Estated Agents for fees in a period where we no longer had an agreement. I rented out my property with an estate agent and paid monthly fees of about £175 per month. I ended the contract with the agents on 4th April 15, and gave the tenants their deposit back as my intentions were to sell the property. My personal circumstances changed as did the tenants who occupied the property. They were buying a property in April but the house fell through so they asked if they could stay for a bit and i agreed. In late Aug I get an invoice from the estate agents for 8 months worth of fees amounting to approx £1500. I told the estate agents that our tenancy agreement ended in April but they said that our original aggreement said: " in section 2.1: In the event the RSK (AGENTS) introduces a new tenant who enters into occupation of the property, the commission shall become payable to RSK (agents) for the entire duration of the tenants occupation under the tenancy. RSK reserves the right to recover costs from the landlord should we be forced to pursue them for any unpaid commission/fees. " This was also the confirmation reply I got back from the Agents back in Jan 15 when I gave in my 2 month notice to end the contract : "I am writing to confirm that, as requested we have advised your tenants of Northcroft Road , that you are unable to renew their tenancy for a further period and that in view of this they will be required to vacate the property on 04 April 2015. " N.B: It doesnt state anywhere in the contract (in section 2.1)...'for a further period' 1. So if my tenants vacated the property on April 15 for a few weeks and moved back in a few weeks later (when their house purchase fell through) that I shouldnt owe any fees 2. I have a new tenancy agreement withthe tenants and this was based on change of circumstances 3. if the agents were right, they didnt do any work to increase the rent and do the marketing so what are the fees for and if I did owe fees then they have miscalculated the invoice as in late August they had charged 8 months worth of fees when the actual end of contract was early April so that actually means on 5 months worth of fees would be owed anyway and not 8. Also, why did they only get in touch in late August and not before? 4. They have now erected a 'let by' board on my property without any notification to me. I believe they do not have the right to touch or put anything on my property. We had an agreement for 12 months and then a further 6 months up until April 15 of which they were paid fees in full for that period while the shorthold tenancy agreement was in place. I want to know where I stand , I want them to take the board down / off my property. And I don't want to have to pay fees for a contract that I set up with my current tenants. I really need to sell my property now so I can get on with my life but this stress is holding me back...I hope you can help. Many thanks Emma

Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Yes please. Can you continue to look, I just need to know if I have any rights to keep the tenants in my property without having to owe the estate agents a 'finders fee' for ever more as they are arguing that I do owe them.

Many thanks

Emma

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you still need help please?
Alex
Customer: replied 1 year ago.

HI There,

I've just noticed that £26 has been taken from my paypal account and I have not yet had an answer to my question. I no longer need an answer to this question but have another quiestion instead - can you help with that and woudl I have to pay extra to get an answer or can you use my original £26?

Best,Emma

Expert:  Ash replied 1 year ago.
Sure I can help with that.
Alex
Customer: replied 1 year ago.

HI There,

thanks,

So my question is this:

I am in a relationship that makes me very unhapppy. We have two kids , 10 & 6, and we've been together for 17 years and married for 11 years. I have a house in my name and he has a flat in his name (although the flat was paid mainly by my deposit and security on my house).

He has a terrible anger problem and has had for the last 7 years and to be honest I can no longer cope with him. We have let out bot properties and are living in a rented house.

I want to separate and leave the house but dont want to leave the kids, and we have a joint tenancy so I am obligated to pay the rent. He won't leave the house, ever...and has no intention to leave. Do I have a right to sell the house in my name (which I bought before we were married) and buy a new property for myself and not let him in?

Hope you can help,

Emma

Expert:  Ash replied 1 year ago.
Yes you do have a right to sell the house. But you can only exclude him from the property with a Court order.
Does that help Emma?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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