Tenant done a runner advice please

[Badgerpig]

Hi all,

I rent a house via a management agency in England (I moved to Scotland 3 yrs ago), had calls yesterday from family and friends saying that there were removal vans outside the house and that the tenant appeared to be in the process of moving out


We have called the management agency this morning and they have contacted the guarantor (tenants father) the tenant is claiming to have provided them with written notice at the begining of May (in line with payment cycle) but the agency are saying this isnt true and they weren't aware the tenant was leaving.

The Agency have said we either accept 2 weeks notice and access the property from start of June or insist on a months notice as per contract but nobody can access the property until July (including them).

I want to put the house up for sale so will need estate agents access etc, can I do this if I ask for the months notice as per the rental contract? if the tenant has left do the rental management agency have any obligation to let viewers in? or am I best accepting 2 weeks notice and taking the hit on mortgage payment for June?

Im also concerned about liability if there are any issues with the house being unoccupied in the notice period (e.g burst pipe etc)

Thanks guys
any advice gratefully accepted

 

[al4x]

I'd be telling the agency to sort itself out and get in there asap, its highly unlikely you will get any money back when the tenant will dispute them not receiving notice. Its your house the tenant has gone and the last thing you want is any damage occurring. Finances aside if you are looking to sell then get the keys back and get it on the market empty houses are a pain in the backside

[Peskyfoxs]

Do you not have a deposit equal to 1 months rent ? I know these have to be in one of the 3 government schemes but if there is no proof of notice perhaps you could take the notice period £ out of that ?

[Badgerpig]

thanks guys,

 

aye the agency are holding a months bond, went through a management agency as thought we were doing the right thing but they're useless

 

theyre more or less blackmailing us if we persue the months notice nobody will access the property until July at the earliest

 

tempted just to cut my losses and get the keys back

[walshie]

I thought the whole point of using a management agency was to take the hassle out of renting. I'd make sure they sorted it out. I'm sure legally they have to anyway.

[Dougy]

I would think that they have broken there contract, i assume they have signed a written contract with the letting agency.

If i were you i would seek legal advice on the matter. We let property and had issues with our first tennant, he refused to pay saying the house needed cleaning and we should pay the bill, after a few words he did pay the following day, in cash at the agency,(i told him i was a manager for a very very large cleaning company and to send the bill and we will come to an agreement, which i am) the agency at the time were rubbish. They have since improved allot. We are covered by an insurance policy against that type of matter. Its worth it for the small price.

Best of luck

[Twistedsanity]

luckily you didnt have my brother as a tennant, his friend is a letting agent and didnt do any credit checks but lied that they did to the landlord, he was there for about 4 years , completley recked the place to the point that it looked like there had been squatters in there, did a bunk owing somewhere in the region of 7k in rent , left loads of debts and the landlord had to remove 3 skips worth of **** from the cellar and completley redecorate and recarpet, his friend the letting agent rehomed him in another property and yet again lied to the landlords about references whilst lying to the poor other landlord that he didnt know where he had gone to , i wouldnt trust a letting agency further than i could throw them

[al4x]

We let one as well and have more issues with the agency than anything else, they are inept putting it mildly in this case I'd be inclined to think the tenant did give them notice and they mislaid it. Lets face it how many people with a deposit down and guarantor do a bunk

[100milesaway]

Take the deposit and deduct the amount they are saying is due. Get access to your house immediatly as they sound slightly dodgy and you could be left with mega billsfor damage. One of my tennents had rabbits running free in a cottage with fitted carpets everywhere and when i tackled the agent, they just said oh they are" house rabbits", I had to remind them about the no pets policy.and told them to give them notice. The cottage stank and I had to renew most of the carpets and even considered fumigation. Get access quick and don't refund the deposit untill you have examined the place. from Auntie.

[Badgerpig]

Missus just spoke to the agency, apparently the tenant did give email notification on the 2nd of May but it was missed by the agency due to a SPAM filter, telling them I want the full amount from them now as they broke the contract

 

renting as a small scale landlord is a minefield going to get it flogged as soon as I get access

 

thanks all for taking time to reply

:-)

[Mikaveli]

Missus just spoke to the agency, apparently the tenant did give email notification on the 2nd of May but it was missed by the agency due to a SPAM filter, telling them I want the full amount from them now as they broke the contract

 

renting as a small scale landlord is a minefield going to get it flogged as soon as I get access

 

thanks all for taking time to reply

:-)

 

I had similar (as a tenant) - I rang and told the agent when I'd be moving out, they told me to put it in writing. I did.

 

A month later, when I handed the keys back they were asking me why?

 

Agents can (and do) lose letters / forget about being given notice. They were just trying to push the loss onto you...

[Chr15j]

What are the notice terms in the contract, does it stipulate written notice or does it allow email. If it doesn't allow email then notice is NOT SERVED, irrespective of when sent.

[Chr15j]

What are the notice terms in the contract, does it stipulate written notice or does it allow email. If it doesn't allow email then notice is NOT SERVED, irrespective of when sent.

[keg]

Petrol....... scares em silly.

[BRNDL]

I rent a house out. I don't go through letting agencies, I find them pretty useless and expensive. I advertise locally using the money I would pay them. (Usually I have hundreds of pounds left).

I never bought a buy to let mortgage but I rent the property. I have had problem tenants before but I just cut my losses and have them leave whilst using their deposit as a months notice.

 

I would suggest to cut your losses. It can be costly chasing the Agent for money whilst having no rental income to pay the mortgage.

 

Also, you could have a tenant in the property whilst you seek a sale with the stipulation that once an offer has been accepted you give them 4 weeks notice to leave. Usual transfer period is circa 6 weeks I think. Put the rent low and have a tenant in within the week.

Edited May 20, 2013 by BRNDL

[unapalomablanca]

luckily you didnt have my brother as a tennant, his friend is a letting agent and didnt do any credit checks but lied that they did to the landlord, he was there for about 4 years , completley recked the place to the point that it looked like there had been squatters in there, did a bunk owing somewhere in the region of 7k in rent , left loads of debts and the landlord had to remove 3 skips worth of **** from the cellar and completley redecorate and recarpet, his friend the letting agent rehomed him in another property and yet again lied to the landlords about references whilst lying to the poor other landlord that he didnt know where he had gone to , i wouldnt trust a letting agency further than i could throw them

if that was my brother i would disown him. Also, what the hell was in it for the letting agent, or did he just get a perverse kick out of it all.

Edited May 20, 2013 by unapalomablanca