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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have received a possession order today, the property this

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I have received a possession order today, the property this concerns is a house that was rented by my sister and her partner, I am the guarantor.
They received notice from the letting agent informing them that the owners were selling the property so they would need to move out of the property.
This is what they did and are now letting a new property. While this was going on the letting agency stated that the owners no longer wished to sell, but by this time my sister had already signed the documentation for the new property.
I have now received possession order for my sisters previous property.
Please can you help me understand why this has happened, is this a mistake of the letting agent or the owners. Is there anyway of getting this noticed revoked as I really believe there has been a complete misunderstanding?
How does this effect me as the guarantor?
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Do you have the wording for the email or letter they received from the letting agency advising they would have to move out because the owners were selling please?
Do you know the date this was received roughly?
Did your sister advise the letting agency they were moving out and the date - did they do this in writing?
Did they return the keys?
Do you know when they returned the keys roughly?
Customer: replied 2 years ago.

Hello Joshua

Thanks you for getting back to me so quickly.

I will let you know the details asap, im contacting my sister now.

I do know that the letting agency advised them about the owners selling early this year possibly Feb/Mar (will confirm asap) and they were given until May to move out. Which they did as well as fully redecorating the property and handing the keys back in on time.

The letting agency were indeed informed that they we moving out. They then informed my sister that the owners we no longer moving....(it seems a mistake was made my the letting agency as the owner did not want to sell and were happy for my sister to remain renting their property) however by this time my sister had already signed paperwork for a new property.

My sister has informed me that a formal complaint was made following many attempts to contact the letting agency who seemed to be ignoring them and would never reply back, she is currently making a complaint to the ombudsman for estate agents.

This whole matter has been very distressing as she has a small baby and this whole situation could potentially been avoided as she loved the first property and would have been more than happy to remain there.

I will get confirmation of the dates etc as soon as I can.

Thank you. My suspicion - I am often cynical when it comes to letting agents (not always justifiably but often so) - is that the agents may be engaged in a cynical attempt to portray that occupation continued and therefore that they owe rent - which may inevitably follow as a claim. The reason for my suspicion is that if the agents made a mistake and asked them to move out without authority to the landlord the landlord could and likely would hold the agent liable for lost rental income. If the agents can engineer a situation which makes it appear that your sister was not asked to move out but remained in occupation, the agents can then seek to claim rent from her until the date of the possession order.If my suspicions are anywhere near the mark it is essential your sister has evidence that they were asked to move out and that they accepted and did so - ideally this would be an exchange of emails or letters. Verbal conversations have almost no value with agents as agents can change their story all to easily. Providing your sister can prove that she was asked or instructed to move out and show that she did so on the basis of that instruction or request, she can defend against a claim for further rent past that date. The possession order is of little consequence as she has already moved out but my fear is it will be used to try to justify further rent claims and costs up to the date of the possession order hence the importance to be able to show the above.I by no means tar all agents with the same brush, some are very reputable but there are some very slippery outfits - one needs no qualification or certification to be a lettings agent - and my policy is therefore to assume the worst until proven otherwise.If you would like me to comment further on the above based on the exact wordig of the request to move out and any response from your sister, I would be very happy to - please remove any personal information if copying an pasting.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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