Renting with full management: they're leaving in a tenant with no contract whatsoever. WWYD?

[EveryoneAnon]

Am I safe? I think not.

I use a high street letting agent and pay them for full management.

The contract runs out in a few days and I've been chasing them since November to sort it out.

The tenant paid 6 months put as wouldn't have passed the credit checks (didn't earn enough). But he wants to leave in a month rather than now. They seem to want to just ignore it for a month on trust, which surprised me as I would have thought they'd want to be covered legally themselves too, seeing as I'm paying them for full management.

I can't seem to get them to pull a finger out! We literally will have 24 hours left on Monday. WWYD? And where do I stand legally?

[FlankShaftMcWap]

Oh, yes it was! I'll look into that thank you

[EveryoneAnon]

Was it through a letting agent? If so, you can complain to their ombudsman. I did so successfully when an adjudicator decision was totally nuts.

[FlankShaftMcWap]

I was the tenant yes. It will be two years ago in May so no chance of doing anything about it now. I do believe that adjudicator decisions can't be appealed either so I should try and put it to the back of my mind.
It was a shock to read that though. I may make a complaint to the deposit scheme even if I can't get my money back!

[EveryoneAnon]

No I hope it was his choice, but you never know how much nonsense about the "landlord wishes" he might have been fed. Anyway it doesn't matter, I've handed in my notice to the letting agent and won't use them again.

[ObsidianBlackbirdMcNight]

Tribpot it would be highly illegal of them to tell the tenant to move out a week before the end of the tenancy. He needs 2 months notice. They sound useless but even they wouldn't have tried something so stupid.

[ObsidianBlackbirdMcNight]

He wouldn't have been made homeless, he must have chosen to leave as without proper notice he couldn't be evicted. Don't stress about that.

[tribpot]

Hopefully he was able to move to wherever he was intending to go, but I would be extremely unhappy under the circumstances. I assume you intend to look for a new agency?

[EveryoneAnon]

In hindsight I think you're probably right. What a horrible thought.

[tribpot]

I guess most people don't leave at the end of the fixed period but go on to a rolling contract. This doesn't sound like the tenant's fault at all though, the agency have been dodgy.

I suspect what has happened is he asked for a month's extension to fit in with his plans, they seemed content to let this slide til the last possible second before finding out what your legal options are, hence why they presented you with one you'd have to go back in time to achieve. They offered you the chance to extend the contract by a month for 114 quid (plus no doubt costs on his side as well) - not really worth it for anyone. So at the last minute for him as well as you, they decided his only option was to move out at the end of the contract, because their policy doesn't allow it to roll over if the tenant can't pass a credit check. It's possible this guy was made homeless the week before Christmas due to their inaction and slapdashery.

[EveryoneAnon]

Years ago I use to run the show myself but it's like everything else; much of it changes and I honestly thought full management was exactly that: Full. Management. Otherwise what's the point in paying through the nose for the service?

I am sure it will be like riding a bike once I get started again, but I've been surprised that the tenant needed to give no warning, I've always had contracts that require one month. I've also never known someone to be that underhand either. It doesn't really seem very considerate to pretend you want to stay and then just leave on the end day. Everyone knows there is no chance in getting a new tenant before the new year now, just seems a little underhand. I suppose it feels that way more because he fell in love with the flat and I was doing him a favour by accepting him by asking home today upfront, when he couldn't afford to pass the credit check. At least he has left and not just refused to pay.

But yeah, I've always known people to give proper notice and so it surprised me.

[tribpot]

Flank it depends on the specific wording in your contract, as per the Shelter advice:

"You can normally leave on the last day of your fixed-term agreement without giving your landlord notice.

Check to see if your tenancy agreement says you must give notice and how much you must give. You must give notice if it says something like:

• you must tell your landlord if you plan to leave on the last day
  
• when the fixed term expires the tenancy will continue as a periodic tenancy"

[FlankShaftMcWap]

Oh I wish I hadn't read this thread! Is it really true that if neither party extends the tenancy then you can leave at the end of the fixed term with no notice? We lost our entire deposit in our last rental as they claimed the contract required 2 months notice and we had only given them 1 month before the fixed term ended
The DPS ruled in their favour as they said we couldn't prove we had given notice. Thousands we couldn't afford and DH had been made redundant. I wish we had fought now!

[DecaffCoffeeAndRollupsPlease]

I'm a bit shocked that you have been a landlord for at least six months and know so little. Please educate yourself on the laws, your rights and responsibilities, for the tenant's sake and your own. Even with full management you can't just sign up with a letting agent and absolve yourself of any obligation.

The more you know the less likely it is that you will have anxieties over your tenancies too.

[specialsubject]

a very important point! YOU need to ensure that the deposit is protected and the prescribed information given, and that the tenant has signed for all the information received for tenancies beginning after October 2015. Fail with any of these things and you cannot issue a valid section 21.

a good agent should deal with it (mine does, good grief!) but I make sure it has happened.

[VegetablEsoup]

even if you decide to go with full management again, you must read up on the law.
ghe law stops with you as landlord, not the agency. you would be the one before a judge if something is up, not the agency.

[EveryoneAnon]

Really appreciate it everyone.

For those who self-manage: do you get rent guarantee/ insurance in case you need to take anymore to court? As far as I know it's only available through a letting agency.

[specialsubject]

yes, that's right in those circumstances - apologies. If he wants to go straight away he must be out (with all his stuff) by the end of the tenancy. Midnight tonight?

stay a minute longer and he is on to a rolling tenancy and needs to give a month's notice.

but with the agent's story changing like the weather, do yourself a favour and call the tenant, find out what he really wants and act accordingly. If he is desperate to leave, let him go but make sure you get a proper checkout, place clean and clear, keys back etc.

[tribpot]

This is probably correct - advice from Shelter here. You would need to check the specific wording of the tenancy agreement, but in effect an assured shorthold tenancy runs for a specific period and then ends unless one party does something to extend it.

[EveryoneAnon]

They've said today that he doesn't want to stay at all now. That means the end of 6 months has come and there has been no notice at all. I said I thought there always has to be a months notice but they say that with a fixed term of 6 months they can decide the day before.

Does that sound right?

[specialsubject]

agent is lying as others have said.

if the tenant is there past tomorrow then there IS a rolling contract. That's the law.

if the tenant wants to leave, he needs to give a month's notice.

contact your tenant, discuss.

separately - sack crooked agent. The industry is totally unregulated and this kind of thing happens. No government seems able to recognise the problem.