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Buachaill, Barrister
Category: Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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Dear Sirs, could you please give me an advice. the situation

Customer Question

Dear Sirs, could you please give me an advice. the situation is: I made a tenancy agreement with an agency ( from october 2013 to september 2014) with the possibility of its canceling not earlier than 6 month after its creation. However, the contract between the owner of the house and the agency was terminated on the 3rd of february 2014. When we made the contract, the agency did not notify me about it and I knew about it from the owner at the beginning of the february. In this situation is it possible to prove that because of the termination of the primary obligation between the owner and the agency, my tenancy agreement with the agency has been invalid now? And could I just terminate the contract with the agency and have relationships directly with the owner? Thank you
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you need to realise that an agent never contracts on his own behalf. An agent is merely making a contract to which his principal will be party. So here, with the letting agent, whilst they might have signed on behalf of the owner and collected the rent, your contract was at all times with the principal, the owner of the property you are renting. Accordingly, at any stage, should parties so desire it, the principal or property owner can deal directly with the tenant should the parties so wish it. The agent has no direct part in the contract at all other than to act as agent. Once that agency is terminated, as happened here on 3rd February, the agent drops out of the picture and you are legally free to deal directly with the principal or property owner. So you are free to deal directly with the owner and pay him the rent as your tenancy agreement has always been with the property owner, even if the agent signed.

Buachaill :

2. You need to realise that these are just well known principles of Agency law.

JACUSTOMER-po3anxno- :

thank you. is it possible to refer to the specific act of the english law to confirm this? cause the agency said that my tenancy agreement is still valid and I have no right to terminate it now. If I do, I need to pay them from my deposit

Buachaill :

3. The Law of Agency is based on common law and many precedents. You do not find it in an Act of Parliament. The agency are correct to say that your tenancy agreement is still valid. It is!!!!! But the tenancy agreement is with the landlord, not with the agent!!! So you have no right to terminate it!! You can be kept to it - but by the landlord. Not the agent! So ignore this bunch of shysters and deal with the landlord.