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Pedro

Advice On Dealing With Dodgy Agent

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My brother has been renting a studio flat in London for over a year. During that time, the agent has done a number of dodgy things:

1- got some random non CORGI licensed guy to do the gas check (he had a fake CORGI accreditation)

2 - got some random unqualified immigrant to try and rewire electric heater (my brother had to stop him from doing something where it looked like he might electrocute himself, at which point he begged my brother not to tell the agent, or he'd get into trouble - it is unclear whether the agent knew this guy was unqualified or not)

3 - allowed builders to start work on the flat below without informing my brother - this caused cracks in brother's flat and lots of dust

4 - told my brother a week before his 6-month agreement was due to end that he had to be out next week or sign another 6 month agreement.

Now - my brothers current 6 month agreement ends in 2 weeks. The agent has not given my brother any notice, and has recently told my brother that he can stay until March (when the LL wants him out to do more building work), but he needs to sign a 3 month agreement (cannot go month to month).

Now, my understanding is that since the agent hasn't given him notice, legally my brother can just go month to month?

In addition, my brother is concerned that they will be taking the roof off the downstairs flat (which extends beyond my brother's flat) because the builders told him they'd be doing this. Would they have to tell my brother if the roof has asbestos in it?

He doesn't really want to have to move right before Xmas, but would probably prefer to go month to month rather than be tied in until March.

The problem here is also that my brother lives alone (it's a studio flat) and he's quite timid. I think he's scared of the agent (rightly or wrongly) - obviously the agent has keys to the flat...

I'd appreciate any advice on the legalities of whether my brother has to sign this new 3 month contract and also just generally how to handle the situation.

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Try the following thread:

Notice periods in assured tenancies

To summarise:

1. There is no requirement for your brother to sign a new agreement.

2. The landlord must serve at least two months notice before he can even begin recovery proceedings.

3. Your brother can leave after serving one months notice.

There is no argument about this. Any clauses in the tenancy are rendered void by the housing act.

Generally speaking, in this situation I would be off like a shot, the landlord and his agent are clearly scum and not worth having anything to do with.

Suggest that your brother goes month to month (statutory periodic tenancy) but hand in notice to end tenancy in January and start looking for a place straight away.

Alternatively, if he can find a new place in two weeks, it might be easier to move out at the end of the fixed period. This gives him the best of both worlds, if he can find a place he can move without notice, if not he can stay in the existing flat under the periodic tenancy until his notice expires.

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It will automatically become a monthly periodic tenancy, the landlord must give at least 2 months notice but even at the end of that 2 months the landlord must apply to the court to remove him.

The agent is not allowed to enter without giving notice in writing and your brother can refuse.

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Thanks Young Goat and Mr Crunch.

To be honest, I think he wants to move because the agent has been a problem from day 1, it's just that finding a place is such a hassle, it's a bad time of year, and this place is really close to where he works.

I will pass on the information about the requirement for 2 months notice, which I'm sure will be a relief.

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Make sure you inform the inland revenue of the income the landlord has earned, supplying them with details of the tenancy agreement, copy of land registry document for the house and and name and address of agents and landlord. You'll be suprised what may unfold.

:lol::lol::lol:

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Just one word of warning, if the agents are as bad as they sound then they might just claim to have sent notice to him already.

But they would have to prove this ?

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Make sure you inform the inland revenue of the income the landlord has earned, supplying them with details of the tenancy agreement, copy of land registry document for the house and and name and address of agents and landlord. You'll be suprised what may unfold.

:lol::lol::lol:

Good idea. If I can persuade my brother (he's a quiet retiring type, so may not want the hassle), I'm going to try and get him to report the landlord to the council and whoever else I can think of when he leaves, because there have been serious problems - the agent is clearly operating with only the haziest idea of UK laws, and frankly doing just as he pleases. I don't know how many properties he deals with, but it's only a matter of time before someone gets blown up / electrocuted / something bad happens at one of the properties he manages.

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  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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