Daughter rented a house for 3 months, but needed to leave early as they had bought a house. The agent found a tenant, he wanted the house early so my daughter agreed (they were glad to get some money back). The night before they cleaned, inventoried and posted the key as asked by the agent. The following day they were told the tenant was no longer going to move in, but the Agent would try to find another one. Agent told them although they would still have to pay the rent, it was best if they left the property empty, especially as the Bank Holiday was coming up. My daughter had no word from the Agent, and so drove round to the rental to see if it had been Let. There was nobody in the property, although the sign said Let, and when she rang the agent they weren't even open over the Bank Holiday.
Can anyone tell me if she has a case against the agent? I think the Agent's problem is with the new tenant, as she had already told my daughter to clean the house and return the key.Help!
2007-05-10 02:11:21 · 7 answers · asked by Ranatalot 1 in Business & Finance ➔ Renting & Real Estate
I think she has a case against the Agent. Is he a member of ARLA (Assoc of Rental and Letting Agents)? If so, and he refuses to recompense your daughter, threaten to report him to ARLA. If not, small claims court. Ending the tenancy early was his idea, so he must be liable for the rent till he finds a paying tenant
2007-05-13 02:53:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unfortunately your daughter is liable for the rent for the entire term of the AST Agreement. Unless the agreement has been terminated according to the law.
The agent should of got the New tenant to sign the tenancy in advance this would of then made things a lot harder for the new tenants to change their minds at such short notice.
The agent is not at fault with regards to the failure of the new tenant changing their minds but possibly could of handled the situation a lot better. The agent and not the tenant should arrange an independant clean and inventory of the property once the apartment has been vacated. Your daughter could be liable for the cost of another clean if the property is left empty for a period of time.
As i see it the only thing that the agent has done wrong is told your daughter that they are open over the bank holiday weekend. Due to some unforseen circumstancies they might of had to remain closed someone might of been off sick or he got his weekends mixed up. The sign was probably erected with Let because the sign boards are normally erected by an outscourcing company which possibly had been notified that it had been let prior to the weekend.
I hope this helps you and your daughter
2007-05-10 04:32:05 · answer #2 · answered by Jeff V 2 · 0⤊ 0⤋
Sounds like the agent agreed to a variation in the length of the letting contract (so your daughter could leave early).
The only grey area is - did the agreed contract variation (leaving early) depend on the new Tenant moving in ???
If so, then sorry she will have to pay rent for the notice period.
If not, then the agent must stick to the new agreement and allow her to leave early( and pay back any overpaid rent and the deposit).
Suggest :-
1) Get in writing agents acceptance that the property has been left in goon condition and that herDeposit will be repaid in full.
2) Inform agent that she expect agent to stick to the new agreement and has 14 days to return deposit and overpaid rent or further action will be taken. If money not paid within 14 days, go to small calims court (it used to cost £38 to regsiter court case - most often they will pay up as soon as the court documents are delivered)
Note - I would not normally recommend (2) since most Tenants do not want to get a reputation for sueing landlords ! However your daughter is no longer renting ...
2007-05-10 02:20:02 · answer #3 · answered by Steve B 7 · 1⤊ 1⤋
Your daughter would have no problem if she had that in writing from the agent. However, I do agree that its the agents problem with regard to the new tenant - but if its only word of mouth she could run into problems. Everything in writing is my rule - that way you can prove things.
2007-05-10 23:54:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you have no lease you are not under any obligation to give him the 30 days notice, it's your house, you want him out, that is it. If it is necessary to have the cops help you then do so, you do need to give him a reasonable amount of time to remove his things, and what ever you do don't mess up his stuff, I have lived to regret that one, it felt so great pouring bleach on his 500 dollar suits, but in the end, I had to pay for them...!!(but it DID feel great)
2016-05-19 21:49:17 · answer #5 · answered by ? 3 · 0⤊ 0⤋
The only one that has a problem is the agent , your daughter has nothing to worry about , I hope she has it in writing .
good luck
2007-05-10 10:45:41 · answer #6 · answered by Stephen A 4 · 0⤊ 0⤋
She has all this from the agent in writing, right?
2007-05-10 02:15:08 · answer #7 · answered by ? 7 · 0⤊ 0⤋