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Landlords - can letting agents issue a new tenancy agreement to the tenant without your knowledge or permission?

243 replies

DancingOnTheTable · 14/06/2017 13:09

I'll try to keep this a simple as possible.

I own a house that is very far away (other end of the country, in England) we specifically wanted a long term tenant that would look after the house well so we were very involved with the process of selecting a tenant but left all the formalities to the estate agents as they would be handling the day to say running or the letting.

It's been several years and we have found out completely by accident that the tenant is no longer in the situation she was in before, she has moved a partner in and had another child, she has several dogs and cats and is running a business out of the house.
Some of it I don't mind about, but others I'm less happy about.

I contacted the EA to see if they knew about any of it and they confirmed that they did, and that they had given the tenant a new tenancy agreement which names her partner as a joint tenant and also mentions her being allowed the pets and to run her business in the house, the tenancy is also for substantially longer than the original one (which was initially supposed to with be renewed annually or go onto a rolling monthly contract)

I'm very unhappy. The EA have said they think I'm over reacting.

Can they really issue a new tenancy agreement, particularly to a new person with clauses that I did not approve?

The EA have said that I basically have to like it or lump it because I can't ask the tenant to leave until the TA is up.

OP posts:
OVienna · 13/09/2017 10:15

There should be consequences for them but I can also understand wanting to move on from the whole affair.

Hissy · 13/09/2017 10:47

Phew. I honestly thought she wouldn't go.

Hope the house is OK, and can't wait to hear the update re the EA!

CotswoldStrife · 13/09/2017 12:36

So relieved she moved out! Hope the property is OK.

Jux · 13/09/2017 16:09

Good. Now for the real meat. Have you heard anything from the EA? I'm assuming a twopenny-halfpenny local firm rather than, say, Savill's Grin (We had a crap local EA trying to deal with my bro's flat and there were no lies that guy would not tell! It was shocking. Needless to say, he didn't last long.)

icclemunchy · 13/09/2017 18:33

Blimey OP!! I'm glad she's gone without too much fuss in the end. Hope your house is ok when you get over too it

TheChineseChicken · 13/09/2017 19:01

Goodness, what a nightmare! I felt stressed just reading it

wheresmyphone · 13/09/2017 20:24

Phew! Well done you for sticking to your guns.

tribpot · 17/09/2017 14:31

Great that you've got the property back. What state was it in when you visited this weekend?

Greenkit · 17/09/2017 16:07

Fantastic news

Lets hope there isn't too much damage when you get there

OVienna · 17/09/2017 20:29

How did it go @DancingOnTheTable

DancingOnTheTable · 17/09/2017 21:21

Well the house was spotless, the garden was freshly weeded and grass cut.

The alterations made to the downstairs of the house are significant and it's going to take a bit of time and money to put them right but it's not the end of the world.

There was a little bit of wear and tear causes be the dogs but nothing to major.

At the end of the day i think we are on a positive note with it all at the moment.

We have people going to the house next week to give quotes for the work and once we know a figure we will be going after the EA for that and for damages.

I'll let you all know how it goes but I imagine it's going to be a long drawn out process.

OP posts:
wowfudge · 17/09/2017 22:16

That must be a relief OP. I hope it all works out for you and the dodgy EA gets their comeuppance.

tribpot · 17/09/2017 22:30

Well, that is definitely better news than it could have been. At least now you haven't got to pursue the tenant for anything and can focus on the EA.

wheresmyphone · 17/09/2017 22:34

I would make sure you get lots of quotes so you can show they are "arms length" and thus make it easier when you sue EA for consequential loss.

Jux · 18/09/2017 01:08

Well, I'm glad she looked after it whilst utterly damaging it! Imagine if she'd left it filthy.

I'm really interested in hearing how things go with the EA, so looking forwards to updates on them when the time comes.

OVienna · 18/09/2017 07:22

Great result OP. I maintain she realises there's more to fine fir the EA and realised she needed to stay on good terms with you. But regardless - great result.

OVienna · 18/09/2017 07:22

"More to come for" that should read.

MrsSchadenfreude · 21/09/2017 10:56

Presumably you will be keeping her deposit because of the cost of putting the "alterations" right?

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