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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 a landlord of a property and instructed a lettings agent

Customer Question

I am a landlord of a property and instructed a lettings agent paying them under a full management agreement to manage the letting of my flat. I made it clear from the outset that I would be looking to sell the flat in the very near future so specifically asked for tenants who would be told this and would therefore be offering a lower rental price as I was selling.
It transpires when we have gone to put the flat on the market that the letting agents have list the keys to the property and the tenants were not aware that we were intending to sell the property and have been given a 12 month contract with a 6 month break clause. I should mention however that neither I or the tenants actually signed the contract.
The tenants are refusing to allow viewings to the property and will not allow us to get a set of keys cut so the tenants are now the only key holders and are not allowing me access to my property.
I have asked the letting agents time and again to sort this situaton out but I'm getting nowhere. Is there anything I can do?
Thanks and best wishes,
Amy
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to clarify there is no signed agreement? Did it allow access for viewings please?
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Neither party signed the tenancy agreement. The lettings agency made the contract up as a 1 year contract with 6 months break clause and in it it says allow viewings in the 2 months following the activation of the 6 month break clause
Expert:  Ash replied 1 year ago.
Ok. If its not been signed then its not been binding. That means you can give a notice to quit and get the property back. If the tenants say, ah we have an agreement then you can invoke the clause that allows viewings.
The tenants cant have it both ways. Either they dont have an agreement in which case you can terminate it. If they have an agreement they have to allow viewings. If they dont then you can serve a Section 8 notice for breach of the tenancy.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
Do you wish to discuss this on the phone at all?
Alex
Customer: replied 1 year ago.
Thank you that is really helpful. Could I just clarify what a section 8 notice is? Also, in the contract they are not up to their 6 months of tenancy yet (even though the contract isn't signed) are we still able to say they have to allow viewings even though it says after 6 months in the 'contract'. Also how would we enforce a section 8? Thanks,Amy
Customer: replied 1 year ago.
yes please
Expert:  Ash replied 1 year ago.
Ok.
Alex

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