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?

Don't pay them anymore management fee or trust they know what they're doing?

They say he can't have a rolling contract because their policy is you only qualify if you pass the credit checks, which he can't.

He had come into money (bereavement), and they told me that he was willing to pay 6 months up front because he could afford it. I accepted that because he had rented elsewhere with the same company and they said he was highly recommended.

Doesn't anyone know how I can get round this problem of credit checks, like paying each month up front? But if that's what I agree to, then it's not really any different than anyone else. So perhaps I should insist on another 6 moths but sign to return the rent if he moves out beforehand?

He wants to leave in a month, so I don't understand what it is exactly that you want your agents to do? Has he paid for the extra month?

Honestly it's fine - the terms of the original agreement continue until someone gives notice.

If you're not happy with him as a tenant just serve him notice. Perhaps you should give him a chance to demonstrate that he can pay the rent first? Passing credit checks doesn't mean he's solvent or honest, or that he's not. He may have got himself a decent job and be perfectly capable of paying.

Of course you can't ask for 6 months rent and return him 5 months worth when he leaves. Honestly. Just make sure he had proper notice served or has served it himself if that's what you expect to happen and chill out.

Ok so maybe the rolling contract isn't automatic if someone hasn't passed credit checks? It's just that they would only give me these two options, and when I enquiries about the periodic tenancy, blank refused.

Letting agents are often complete cowboys who will happily ignore the law if the can make a buck.
Tenancy law states that at the end of a fixed term tenancy, if the tenant
Is still in situ, the conditions of the original agreement continue automatically.
The letting agents are motivated by money. They will charge the tenant for credit checks and a tenancy renewal as well as charging you. They would be pleased if the tenant left as they would then make more money from a new tenant. Remember letting agents ideal situation would be a new tenant every 6 months, whereas as a landlord you should be looking for a stable tenant who will pay your rent every month and reduce the risk of void months.
My letting agent recently tried to charge £95 to me and landlord to convert to a periodic tenancy - never mind that no agreement would have been signed and no work generated, and the fact that the tenancy would convert to periodic without their help anyway. They are scammers, a lot of them. Don't listen to what they are telling you because it's crap.

In the extract of their letter to you they are giving you 2 options - one of which is impossible as it required 2 months notice which clearly you can't do now and they don't mention the option of a periodic tenancy. They are twats, honestly. I know more about tenancy law from 15 years of renting than the average letting agent.

Raising my head above the parapet, I am letting agent - I am a member of ARLA, meticulous in doing my job, feel totally unappreciated and earn less than the minimum wage so please don't lump us all in with negligent/money grabbing agents. P.S. all our contracts are statutory periodic unless requested otherwise.

What would you suggest I do, Roy?

Great if the Periodic agreement kicks in automatically (they told me that can't happen), but not so great that I had agreed for payment up front and the tenant doesn't want to do it this time because he only wants to stay another month (not sure if that's even in writing).

But he'll pay for the month upfront yes? Rent isn't typically paid in arrears.

Your management company seem clueless and I would consider changing when he moves out.

Are you even reading these posts?

You agreed 6 months up front, and you got it.

Nobody gave notice, not you or him, so his tenancy continues on a periodic basis

He wants to stay one more month and will pay you for it

What the hell is the problem here?

By the way - you ask what you should do - there is nothing you can do. You can't make him sign a tenancy, you can't make him pay for months upfront that he doesn't plan to use, even if he was planning to stay 6 more months you couldn't, and you can't take possession of the flat on Tuesday. So what do you want advice about? Sit tight and wait to see if he pays you on Tuesday.