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Original poster

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:
TheHodgeoftheHedge · 31/08/2017 21:39

I totally think you're making the right decision. The trust would just not be there for you. This is still one of the most shocking things I've ever read here.

RandomMess · 31/08/2017 21:53

This is just horrific. I hope the EA gets everything coming to them!!!

Original poster
DancingOnTheTable · 31/08/2017 22:39

Thank you all.

It's hard, reading the emails she sent to my solicitor where she says the house is the only place she has ever felt truly at home in her whole life, she talked about how stupid she feels to have believed everything they told her, that she didn't question any of it because she was just so grateful, how she said she feels it's all her fault and how sorry she is for it all.

Reading through it all again I can't believe anyone could be so incredibly naive though,
she had asked many times about pets and always been told no and given clear explanations as to why, she had asked several times about making specific changes to the house and had been told no every time and given explanations as to why.
Many other things she requested I agreed to such as her wanting a full length bath rather than a corner bath in the ensuite bathroom (I had it changed within a month)
And when she wanted a set of cupboards removed so that she could fit a huge American style fridge freezer in the kitchen.

The changes she made to the house were unnecessary and give no value to the house, they actually massively decrease the value, the only benefit of the changes is to her business.

I don't expect her to do anything about it now though, I imagine it's going to be hard for her to leave.
As long as she leaves without too much hassle I'll be happy.

OP posts:
youarenotkiddingme · 31/08/2017 22:45

I've just read the whole of this ----> like this Shock

I believe the tenant has been misled. Purely based on her believing the EA are the landlords and despite you owning the property you don't have a say in it.
Sounds like she honestly believed the EA could decide what she did and didn't do.

Can't believe the EA actually thought you'd hand over £13k+ to them for breaking a contract they decided to write for 10 years!

Are the EA on glue? Grin

Jux · 31/08/2017 23:49

Definitely the right decision. How can you trust her? You can't after all that.

tribpot · 01/09/2017 04:32

Here's a few of the things the tenant has said over the course of this thread:

She then said "I've got a contract that says the house is mine until 2025, I'm not going anywhere" and she hung up on me.

I'm pretty sure she had been told specifically what to say to me as she quoted almost word for word some of the delightful things the EA said to me last week

He emailed back to say she won't be doing anything to the house as she 'had permission from her landlords to do everything she's done to the house and she likes it exactly how it is and won't be changing a thing'.

Whatever lies she had been fed by the estate agent, there was no need for her to taken this tone with the owner of the property (how on earth she believed the estate agent was the landlord is beyond me).

It certainly isn't all her fault but unfortunately now she's going to be the one whose life is most disrupted by the estate agent's actions. That, however, isn't your fault, OP.

madameweasel · 01/09/2017 08:11

Judging by the way she's spoken to you and your solicitor previously, I'm not sure I believe the sob story she's giving you now that she knows she hasn't got a leg to stand on. I also struggle to believe that she didn't think there was anything weird about your apparent change of heart over pets and changes to the house. Surely no-one is that stupid? If I'd been told "no" repeatedly and given valid reasons, I'd think it was really odd that I could suddenly do whatever I wanted with a property I didn't own.

fucksakefay · 01/09/2017 08:18

This reply has been deleted

Message withdrawn at poster's request.

tribpot · 01/09/2017 10:21

What I still don't get is why the agents did it. The (illegal) contract has no rent increases in it. Which directly affects their bottom line. Not to mention the renewal and new contract fees they're missing out on over the course of ten years.

I can imagine they have form for this kind of trick - possibly taking a bribe from the tenant to cover their own loss of income?

QuiteUnfitBit · 01/09/2017 11:07

What I still don't get is why the agents did it.

I think the key is in this:

The solicitor did note that she hinted to her partner had a connection to somebody at the estate agents as she said several times that she didn't think the EA would mislead her partner as they've "known each other for long time"

OP, do get your investigator to look at who her boyfriend is, as there's obviously a connection to be found. It's really worth checking. I think her sob story is ridiculous, so don't feel guilty. She only changed her tune to manipulate you, I feel.

AdalindSchade · 01/09/2017 11:13

You can't possibly let her stay now. She's a liability.

tribpot · 01/09/2017 12:12

Sure - so they did it partly as a favour for the tenant's boyfriend, but a favour that cost them potentially quite a lot of money. I guess if the owner condoned it, it may have seemed like a 'nice' favour to do for a good friend, guaranteeing them a low rent and apparently the ability to vary all the conditions that prevented them from running businesses and having pets and largely doing whatever the hell they wanted to the house for 10 years. But I reckon there was some kickback involved as well.

GorgeousLadyOfWrangling · 01/09/2017 18:20

Jesus. What a complete clusterfuck.
My letting agent is bloody brilliant. PM me if you are based in the Manchester area OP.

GorgeousLadyOfWrangling · 01/09/2017 18:20

Jesus. What a complete clusterfuck.
My letting agent is bloody brilliant. PM me if you are based in the Manchester area OP.

InfiniteSheldon · 01/09/2017 18:25

I really wouldn't believe her sob story

OVienna · 01/09/2017 19:05

She's been so rude in the past I think trusting the sob story now is a huge risk. I think she's just switched tactics.

MrsSchadenfreude · 01/09/2017 22:29

I agree -get rid. You can't trust her again after this.

thereinmadnesslies · 01/09/2017 23:06

Has she moved out OP?

Greenkit · 02/09/2017 16:22

Flipping eck, what a nightmare

Good luck hope it all goes your way

CarlottaJo · 02/09/2017 16:38

Hope all got sorted xx

PinkSquash · 02/09/2017 18:50

Blimey, hope she has moved out now OP

Nessalina · 02/09/2017 23:47

Following with interest, and hoping that you didn't give her 'another chance' and she moved out on 1st Sept!

placemark123 · 04/09/2017 00:17

I also think it's a very manipulative sob story.

Jux · 04/09/2017 14:23

Hi there, Dancing. Just wondering how things are now? Did she move out, or do you have to do the eviction thing?

Hissy · 04/09/2017 15:14

Guessing today is D-Day.

I too have only just seen this, it's outrageous.

Please don't fall for the manipulative crap she's spewing, she knew what she was asking was totally against your wishes and used whatever method she needed to get it done anyway. Her tone with you since is out of order and you absolutly can't trust her

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