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Original poster

Tenant contacting me directly what should I do?

16 replies

FusionChefGeoff · 03/02/2022 18:04

I have had a couple in a flat I rent for nearly 2 years now. The woman found me on FB recently to say she's discovered her boyfriend was having an affair with someone from my letting agency (!) and they'd broken up so could she pay me directly.

I sympathised but said she'd need to keep paying the agent.

Agent rang last week asking for my approval to take said boyfriend off the tenancy which I agreed to.

Tenant has messaged me again saying she wants out 'due to the situation' but agents have rightly told her she's signed up till June so can't break her agreement now. She's asked Is there anything I can do?

I'm pretty sure I should just stay out of it - there's an agent involved for a reason and her contract is with them I think?!

However, is it reasonable for me to offer to pay to change the locks so she can be sure the boyfriend can't return??

OP posts:

ThatLibraryMiss · 03/02/2022 18:26

It's a buoyant property market - couldn't you end the tenancy early on the proviso that you get a new tenant very quickly? Unless you use the same agency (and I'm not sure I'd want to) you will probably need to pay the agency their cut of the missing months' rent so I think you would be reasonable to ask the outgoing tenant to cover that.

LawnFever · 03/02/2022 18:28

Could you say you’ll get the agent to advertise the flat and if they get new tennant in she can go but she’s liable until they do?

MayThePawsBeWithYou · 03/02/2022 18:34

Changing the locks is a good idea but she can do that herself if she wants to, is rhe ex still employed, maybe she doesnt want ro know she is still there, I would use another agent and let her leave if they find a new tenant.

Fearnyleaves · 03/02/2022 18:34

I'd let her leave the tenancy early. And change estate agents! It's incredibly unprofessional that one of them has been shagging your tenants!

cheerfulpanda · 03/02/2022 18:55

Her tenancy agreement should be with the landlord i.e. you.

You might have a contract with the letting agent, but she shouldn’t. Your contract with the letting agent just passes on some of the responsibilities of being a landlord to the agency. But it’s for you to ensure the letting agent does the right job.

If she is ok to keep paying the rent and a good tenant otherwise, I would be getting rid of the letting agent on the basis of misconduct!

cheerfulpanda · 03/02/2022 18:56

If she can’t continue to pay the rent herself, I would list with a new letting agent!

Thirtytimesround · 03/02/2022 19:04

Is she leaving because she wants to move house / can no longer afford it, or because you’re insisting that she continue to have direct contact with the estate agent that shagged her live-in boyfriend and ended her relationship?

I’d suggest you clarify why she’s trying to leave, fire the agency for breach of basic professional standards (and put in a written complaint about them), and either keep this tenant or readvertise the flat and let her out of the contract as soon as you find someone new.

Her contract is with you. You could theoretically insist that all contact is with the agency, but in the circumstances that would be a really unpleasant thing for you to do. How would you feel if your husband had an affair, and you had to keep phoning his affair partner whenever you had a property maintenance issue?

whataboutbob · 03/02/2022 19:14

This sounds like a minefield. I suggest posting on landlordzone, many experienced landlords there. Also consider joining the NRLA for their landlord advice line.

user33323 · 03/02/2022 19:32

What @Thirtytimesround said. I would find out if she would want to stay if the estate agent was changed first. I would change letting agent too.

tkwal · 03/02/2022 19:44

Remind them they have to deal with the agency (that's why you pay them) but have a word with the agency, tell them her concerns and remind them they are professionals, you don't need to know whether the allegations are true

Original poster

FusionChefGeoff · 03/02/2022 21:05

I have to admit that my first thought was that the affair with the agent sounded like a bit of paranoia to be honest.

But this has been interesting as I am instinctively very soft / trusting / naive (!) and have to work hard to stay professional so my instinct was to help her but I thought the grown up thing would be to stay out of it!

I know he wasn't included in credit checks etc as he wasn't employed at the time of renting so I don't think it's necessarily an affordability thing.

I'll message her and see if I can see why she wants to move then will pick up with the agents tomorrow about unpicking the rest of it!!

OP posts:

DysmalRadius · 03/02/2022 21:16

Could you agree to readvertise and try and release her before her contract is up if you can find anther tenant without it being too much of a pain for you?

LumpyandBumps · 03/02/2022 21:34

I am a landlord and not a letting agent or solicitor, but I am not aware of any way to just remove one name from a joint tenancy. My understanding is that the joint tenancy has to be terminated and a new one created.
Of course that may have been what was actually done.
Was her financial situation checked to confirm that she could afford the rent as a sole tenant?
My view as a landlord is that I don’t want a reluctant tenant, and I try to be as flexible as I can. I am fortunate to be in a buoyant area where re letting is normally easy.
As she is requesting something which is voluntary on your part you could negotiate that she pays the rent until you have secured another tenant. You would need to make reasonable efforts to re let, but that could also apply if she chooses to leave without your agreement.
I am not wholly convinced that the agency is at fault because of the actions of one employee. If her ex partner met the employee through her work then it is unprofessional of that one staff member, but they could easily have met socially and it just be coincidence.
I would not expect an employee of a letting agency to be precluded from forming a relationship with anyone who happened to rent their home via that agency. Of course they might need to declare this to avoid any suggestion of conflict of interest, etc.
I can see your tenant’s point of view in not wanting to deal with them.
Changing lock barrels is cheap and easy enough to do, but I doubt it will resolve the situation.

LumpyandBumps · 03/02/2022 21:37

I can see you have already covered some of the things I mentioned in my post. I must learn to type faster/ not get distracted. Good luck with your negotiations.

Original poster

FusionChefGeoff · 04/02/2022 11:32

Update! Turns out affair agent hasn't worked there for 6 months?! So I don't know what she's expecting them to do at this point as a) nothing was mentioned at the time and b) she can't be sacked as she doesn't work there anymore. Plus we have nothing to say when the affair actually started or if it had anything to do with the inspections - according to their records the female tenant was always present for inspections.

I've asked letting agent if they will reduce re marketing fee to show willing and then offer to reduce her tenancy as soon as someone else is lined up.

OP posts:

Viviennemary · 04/02/2022 11:37

Stay out of it. You shouldn't be involved in her rows with her bf. I don't think you should have agreed to remove a name from a joint tenancy. She sounds a bit of a pain in the neck tbh.

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