How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Just wondering if you were able to provide me with some clarity

Resolved Question:

Just wondering if you were able to provide me with some clarity on the below issue.
i have recently completed purchase of a Buy to Let flat which was purchased with a sit in tenant, further to this the tenant was on a rolling tenancy agreement with the previous Landlord and the Letting agent.
Since the tenant was happy to stay in the flat, it was agreed that I would issue her with a new tenancy agreement on completion of the property.
On completion of the property I have instructed Goodchilds the Management company that I do not need there services and will be managing the property myself, I intend to keep the tenant and have issued the tenant with a new contact to sign.
The management company contacted me over the phone and advised me that they need to issue the tenant with 2 months notice and will charge me a further £1000 to keep the tenant, then they rang me back a second time to suggest that the fee would now be £500 + VAT to keep the tenant if I no longer want to use there services.
I am slightly confused as I initially thought that the tenant came with the property when it was purchased from the vendor, so the fee they are charging is slightly concerning.
I have not signed or agreed anything in principle with the Management agency who are also the Sales agents regarding any type of fee to keep the tenant.
On an audit of the property last week I discussed with the tenant the repairs I plan to carry out to the property to bring it up to a better standard.
Since then the letting agent have been in contact with the tenant and have issued her with the following instructions.
From the tenant
"I have been told by the agent not to allow anyone into the property until they give me a quit notice , and I shouldn't deal with anyone else hand over the keys to them and they will now check to see the property to make it is in order before I cease to be their client. Then my deposit will be refunded. I was told the contract I signed with you is invalid as long as I am still their client of which I told your brother. Also my rents are to be paid to them till my term expires."
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like to achieve?
Customer: replied 1 year ago.
the rent to now go to myself.
Customer: replied 1 year ago.
and the letting agent to stop interfering as i do not have any agreement with them
Expert:  Ash replied 1 year ago.
Who got the tenant and signed the tenancy agreement please?
Customer: replied 1 year ago.
the tenant came with the property from the previous landlord and the tenant was on a rolling contract.
Expert:  Ash replied 1 year ago.
Just to be clear there is no signed agreement with you. As such the agent has NO RIGHTS whatsoever against the tenant. You should write to the agent and make it clear that any agreement you have ceases and they have no right against the tenant.
You can then contact the tenant and ask that payment is made direct from now on. The tenant can NOT refuse. You instruct the agent and clearly here you can terminate it, because there is no signed agreement and secondly they have no rights.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you