AJW Posted November 27, 2013 Share Posted November 27, 2013 We are needing to do repairs on our house in the UK, insurance is covering these expenses but the tenants have to move out for a period of 4 to 6 weeks (we are looking for alternate accommodation for them). Unfortunately our property manger has decided this was all too much for her to deal with and quit. We now have no idea where we stand legally?? There is no contract in place, between us and the tenants. Has anyone been in a similar situation or is their a lawyer out there that knows where we go from here?? Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted November 27, 2013 Share Posted November 27, 2013 Is there no one to take over from the property manager? When you say you have no contract with the tenants do you mean a tenancy agreement or one to say you will pay for the accommodation? Is it not something you could sort directly with the tenants? Link to comment Share on other sites More sharing options...
AJW Posted November 27, 2013 Author Share Posted November 27, 2013 I don't think any other company will take on the house until it is fixed, so until this is completed we have to try and sort it out. Our tenants are angry and I'm not sure what they are going to do. I need to know where I stand legally. There is no contract in place between us and the tenants, our contract was with our property manager and so was theirs. Link to comment Share on other sites More sharing options...
noworriesmate Posted November 27, 2013 Share Posted November 27, 2013 The contract will still be between you and your tenant - the agent will have signed a lease on YOUR behalf and it will be that lease that contains all the important information. hopefully you have been given a copy of their standard lease so you can see the terms and conditions etc. NWM Link to comment Share on other sites More sharing options...
Guest Posted November 27, 2013 Share Posted November 27, 2013 I had a not dissimilar problem and noworriesmate is correct but only IF the property manager has done the paper work correctly. In our case in wasn't but nonetheless we were able to get another letting agent to take on the property with sitting tenants and put another agreement in place (with the tenants agreement), however it all went from bad to worse and the tenants stopped paying and the new letting agent then was not prepared to be involved any more. Our story goes from bad to worse but is not relevant to yours. Would it be possible to give the tenants two months notice, get the work done and then place it with another agency to rent out again? I know it's a shame if they are good tenants but it might be the most straight forward - if they are willing to live elsewhere for the 6-8 weeks then they can be your 'new' tenants? Do you have someone who can manage the work for you? Or do you need a property manager to do that? This was the problem we were left with as no agency would take it on until the work was done (& the tenants trashed it!) - it was just as well I have VERY good friends - I did have to fly back for a week at one point though. Link to comment Share on other sites More sharing options...
noworriesmate Posted November 27, 2013 Share Posted November 27, 2013 I had a not dissimilar problem and noworriesmate is correct but only IF the property manager has done the paper work correctly. In our case in wasn't but nonetheless we were able to get another letting agent to take on the property with sitting tenants and put another agreement in place (with the tenants agreement), however it all went from bad to worse and the tenants stopped paying and the new letting agent then was not prepared to be involved any more. Our story goes from bad to worse but is not relevant to yours. Would it be possible to give the tenants two months notice, get the work done and then place it with another agency to rent out again? I know it's a shame if they are good tenants but it might be the most straight forward - if they are willing to live elsewhere for the 6-8 weeks then they can be your 'new' tenants? Do you have someone who can manage the work for you? Or do you need a property manager to do that? This was the problem we were left with as no agency would take it on until the work was done (& the tenants trashed it!) - it was just as well I have VERY good friends - I did have to fly back for a week at one point though. That's not entirely true - the OP has already stated that the tenant had an agreement with the agent - so if the agent hasn't completed the paperwork correctly then they will all be in real poo. The courts are very clear on this kind of thing and the tenants would have even greater protection if it ever came to that. If the lease is in it's first 6 months then the landlord would be responsible for the costs of re-housing the tenants while the repairs were completed. My guess is that the repairs are urgent otherwise you would simply bring the tenancy to an end either by waiting for the end of the lease or by serving notice. I am surprised an agent wouldn't take this on - my company would if it was in our area, we get paid for doing the work, ongoing fees and then hopefully the landlord would tell others about how we helped etc - All good for business. NWM Link to comment Share on other sites More sharing options...
AJW Posted November 28, 2013 Author Share Posted November 28, 2013 Thank you noworriesmate (love your profile name and pic btw) & Lady Rainicorn. The matter is urgent, they have been living with rotting walls, kitchen cabinets and a very big damp problem in the bathroom for a while (not to our knowledge, we were told everything was been sorted out.) Anyway there was a leak in a pipe that has now been sourced and fixed, so no more leaking water, but the damage is serious and the house needs weeks to dry out even with dehumidifiers now in place. Also because work is in the bathroom they have to be housed elsewhere while the work is carried out. We don't want to give them notice we don't think that would be fair, and also we need the house fixed asap. noworriesmate, you said "If the lease is in it's first 6 months then the landlord would be responsible for the costs of re-housing the tenants while the repairs were completed." We are way past the first 6 months, they have been in the house for almost 19 months, do they then have to find their own alternate accommodation? Link to comment Share on other sites More sharing options...
noworriesmate Posted November 28, 2013 Share Posted November 28, 2013 If the lease is still in force then you are responsible for repairing the property - if you are nearing the end of the tenancy then you could just let the tenancy end and then get the works done when they move out. As you have rented to them for quite a while now, your other option is to serve them with a notice to quit and then they have two months in order to move out however my guess is that if you did this then they would refuse to pay the rent in the meantime as they are not going to pay you if they have to live in the property with major defects. The best thing always is to chat to the tenants and come to some mutual arrangement - it may be that they are happy to move out while you get the works done, or have some friends or family they can stay with? and then offer them a reduced rent for a while for all the inconvenience etc. I have offices in West Scotland and Essex so can help if your property is there, otherwise an ARLA registered agent should be willing to help you negotiate. If you need to deal with it yourself my advice is to keep chatting to the tenant - it's always the lack of communication or the feeling that the landlord isn't doing anything that gets a tenants back up. NWM Link to comment Share on other sites More sharing options...
AJW Posted November 28, 2013 Author Share Posted November 28, 2013 Our property is in Edinburgh. We are looking for somewhere for them to stay while the work is done, they have no friends or family in the area that can take them in. SAL has given us the same advise thank you. I feel that if we found them somewhere to stay things would be okay, but it is an almost impossible task when you live half way across the world in a different time zone. Link to comment Share on other sites More sharing options...
Guest Posted November 28, 2013 Share Posted November 28, 2013 How about trying Airbnb? I use it for trips to London, it is much cheaper than standard holiday accommodation. I know of this place in Edinburgh .... https://www.airbnb.co.uk/rooms/1128573 - I haven't stayed there but I stayed at the hosts other house in London which was great. If you did end up needing a solicitor - and hopefully your property manager wasn't as crooked as ours and you won't need one - do let me know, I was recommended one in Edinburgh from a friend who dealth with everything for us whilst we were in Perth (at a price of course!) Link to comment Share on other sites More sharing options...
Quinkla Posted November 29, 2013 Share Posted November 29, 2013 Rydens is a professional letting wgent in Edinburgh. I rented property through them as a tenant and they were mostly professional albeit sometimes a bit rude. I can't imagine they would turn away business. The tenants you have will probably be concerned on a number of fronts. The cost and inconvenience of moving are considerable. You have to take time off work, find somewhere else to live, pack and lug stuff, sign new leases at probably increased cost, and pay a new deposit before you get the old one back. If you were able to offer assistance with removals and provide alternative accommodation for a short period of time you may well keep the tenants on side and get through this difficult period. The prospect of moving back with the problems sorted and redecoration (?) may well help. But December's not the best time for doing this. Link to comment Share on other sites More sharing options...
Guest guest90395 Posted November 29, 2013 Share Posted November 29, 2013 If you are looking for a new letting agent we use The Property Letting Centre who are in Newington. They are managing our flats in Leith and New Town currently. I also used them about 8 years ago when I was travelling so I know they are consistently reliable. Link to comment Share on other sites More sharing options...
noworriesmate Posted November 29, 2013 Share Posted November 29, 2013 Our property is in Edinburgh. We are looking for somewhere for them to stay while the work is done, they have no friends or family in the area that can take them in. SAL has given us the same advise thank you. I feel that if we found them somewhere to stay things would be okay, but it is an almost impossible task when you live half way across the world in a different time zone. quinkla mentioned Rydens - I know them well and both the manager and one of the directors are good friends - if you pm your details I will happily get in contact with them on your behalf and introduce you to them. If they are willing to take on your property you couldn't be in better hands. Regards NWM Link to comment Share on other sites More sharing options...
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