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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My brother entered into a contract with a managing agent to

Customer Question

My brother entered into a contract with a managing agent to lease his property for 3 years and he served the notice to the managing agent clarifying his intention not to continue with the contract one month before the expiry of 3 years. The agreement states that 2 months notice is required to take possession of the property and that in the event the agent becomes aware of property undergoing repossession rent payments will be immediately suspended until the matter is resolved.
Now the agent has failed to give proper notice to the tenant(lessee) on receipt of our notice to terminate and issued the notice after several demands after two months and has stopped making rent payments stating they have not received the payment from the tenant. What could be done in this circumstance.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to be clear they are saying 2 months notice is required?Alex
Customer: replied 1 year ago.
Yes, two months notice to terminate the contract. This was given though it was given one month before the end of the agreement period. They have waited for more two months after the notice and issued a section 21 notice to the tenant the period will expire next month. The managing agents stopped paying the rent now. What could be done to get the property back and the rent from the managing agents.
Expert:  Ash replied 1 year ago.
Has the tenant left?
Customer: replied 1 year ago.
no, tenant have unto next week to leave as per the notice.
Expert:  Ash replied 1 year ago.
Ok - but the agents are refusing to give HIM back possession of the property after the tenant leaves?
Customer: replied 1 year ago.
section 21 notice has been issued and not sure whether the tenant will leave. the notice was not issued by the agent in proper time and no payment of rent from the agent.
Customer: replied 1 year ago.
can the managing agents be sued for not acting in proper time and for loss of rent and damages
Expert:  Ash replied 1 year ago.
Yes they can. A s.21 must when served takes effect 2 months from the next billing date. If therefore the agents were negligent then they can be sued for breach of contract.If the tenant does not leave and the agents did serve it in time then you can apply to Court for possession.But if it was served late then the agents can be sued for breach of contract.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
thank you. did it mean that the managing agents are liable to make good of any loss because of their fault. is it also necessary to send section 8 notice to the tenant if tenant does not leave.
Expert:  Ash replied 1 year ago.
Correct. Section 8 is only where there is a breach of tenancy. S.21 is for the end of the period. If the tenant does not leave that does not automatically mean its the agents fault.Does that clarify?Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you.
Expert:  Ash replied 1 year ago.
Happy to help. Alex
Customer: replied 1 year ago.
can i sue the managing agent as a power of attorney holder
Expert:  Ash replied 1 year ago.
No sadly. Alex
Customer: replied 1 year ago.
what are my options as my brother is outside uk
Expert:  Ash replied 1 year ago.
He can sue, but would need to come to the UK for any Court hearing.Or get a UK Solicitor to deal with this for him.Alex
Customer: replied 1 year ago.
is he required to be present in uk for commencing proceedings and can he contact a solicitor from outside uk or i can do it for him.
Expert:  Ash replied 1 year ago.
No, they can do this for him.ALex
Customer: replied 1 year ago.
thank you for your help
Expert:  Ash replied 1 year ago.
All the best. Alex