Skipping Agent and Going Direct to Landlord

[romeogolf]

We've rented our property for almost 6 months and very much like it and would like to stay long term (2+ years seems very probable).

Our agent only offered us a 6-month tenancy initially and require £72 fees for each renewal, although they may now offer us 12-months.

We're considering (on the advice of friends) contacting the landlord directly with the letter below. Are there any landlords or renters who have done the same, who can advise on this?

Thanks.

Dear [landlord],

We hope you do not find us writing to you inappropriate – Your details were not disclosed to us by [agency] nor have we requested them.

We have been tenants in your flat since December 2014 and find it very comfortable. We also think the service offered so far by [agency] has been highly professional in comparison with a number of other agents we have used previously.

Our intention is to remain renting Flat 27 for the foreseeable future while we save a deposit for our own home, however [agency] do not offer tenancies beyond 12 months and, at each renewal, demand fees in excess of £70 for printing a short, generic document.

We would both strongly appreciate a more stable home with a longer tenancy of two years and also to avoid these unnecessary fees. We have therefore chosen to contact you directly to see if you would be open to the idea.

If we were able to negotiate directly with you this would save us both agency costs and having a longer tenancy in place gives us both peace of mind with regard to stability.

As background Robert is a landlord of a property himself in Hertfordshire, which was purchased with his brother as an investment 5 years ago. We understand the concern of being called at 3am with ridiculous requests that could be mitigated with a little common sense and can assure you neither of us are the type to bother you with routine maintenance which could be solved ourselves.

We treat the property well and are happy for you to visit and see it for yourself, and to meet us, to confirm you are comfortable with the idea.

We are happy to be contacted directly, either by phone (##) or email (email) – Even if it is just to say you would rather stick with the agent!

Once again, we hope you do not find this letter inappropriate.

Kindest regards,

[andy43]

Go for it - worst that can happen is they'll say no.

[hornetrider]

If I was a landlord I'd be all over that like a tramp on chips.

[audidoody]

The landlord will more than likely have to pay the agent's commission for a tenancy renewal (around 10 per cent) even if he leaves the agent out and signs with you direct.

So better for the landlord to have the buffer of an agency he is already paying for.

[romeogolf]

audidoody said:

The landlord will more than likely have to pay the agent's commission for a tenancy renewal (around 10 per cent) even if he leaves the agent out and signs with you direct.

So better for the landlord to have the buffer of an agency he is already paying for.

True, but considering them length of time we want to stay living there it may be that he's only 6 months from the end of the current term with the agent and can renew directly with us at the end of this, right?

[zcacogp]

audidoody said:

The landlord will more than likely have to pay the agent's commission for a tenancy renewal (around 10 per cent) even if he hits the agent out and signs with you direct.

So better for the landlord to have the buffer of an agency he is already paying for.

This ^^^^.

Why are you paying for a renewal? You do appreciate that an AST, once expired, becomes periodic, don't you? Tell the agent that you don't see any need to 'renew' a contract that is still in place and still suits both parties perfectly.


Oli. (Letting Agent.)

[zcacogp]

romeogolf said:

audidoody said:

The landlord will more than likely have to pay the agent's commission for a tenancy renewal (around 10 per cent) even if he leaves the agent out and signs with you direct.

So better for the landlord to have the buffer of an agency he is already paying for.

True, but considering them length of time we want to stay living there it may be that he's only 6 months from the end of the current term with the agent and can renew directly with us at the end of this, right?

The contract between the agent and the landlord is almost certainly worded such that it lasts as long as any tenant whom is introduced by the agent stays in the place.

As long as you are there, the landlord will be paying the agent.


Oli.

[romeogolf]

zcacogp said:

This ^^^^.

Why are you paying for a renewal? You do appreciate that an AST, once expired, becomes periodic, don't you? Tell the agent that you don't see any need to 'renew' a contract that is still in place and still suits both parties perfectly.


Oli. (Letting Agent.)

The agents issued a section 21 order at the same time as asking us if we'd like to renew. Essentially we have to renew or leave, crafty buggers.

[Pheo]

Wonder if the landlord knows they are doing that?

[romeogolf]

Pheo said:

Wonder if the landlord knows they are doing that?

No idea. Tempted to rephrase the letter as:

We have been tenants in your flat since December 2014 and find it very comfortable and our intention is to remain renting Flat 27 for the foreseeable future while we save a deposit for our own home.

However [agent] does not offer tenancies beyond 12 months and, at each renewal, demand fees in excess of £70 for printing a short, generic document. They issued us last week with a Section 21 notice, forcing us to leave if we do not renew and pay this fee.

[Andehh]

Nothing to loose by trying it! In his shoes I'd be over moon with such proactive & long term tenants.

[aspender]

I'd just go onto a periodic. Typically this gives you one month notice and they have to give you two. If there's no reason to want to get rid of you they won't.

[hornetrider]

romeogolf said:

The agents issued a section 21 order at the same time as asking us if we'd like to renew. Essentially we have to renew or leave, crafty buggers.

I wouldn't say that's crafty, that's sharp practice. Is it even legal to do this? (IANALL)

[BoRED S2upid]

Go for it. Landlord would be crazy to say no.

[zcacogp]

hornetrider said:

romeogolf said:

The agents issued a section 21 order at the same time as asking us if we'd like to renew. Essentially we have to renew or leave, crafty buggers.

I wouldn't say that's crafty, that's sharp practice. Is it even legal to do this? (IANALL)

Sharp practice indeed. Not sure about the legality of it, but it is certainly not in the best interests of the landlord or the tenant so is highly undesirable behaviour. This puts things in quite a different light.

I'd be writing to the landlord, letting him/her know of the situation and asking what aspect of your tenancy they are unhappy with that such a notice should be issued. If they have any shred of decency they will contact both you and the agent and ask for an explanation. This may well open up a good route to a direct contract between the two of you.


Oli.

[zcacogp]

Two more Q's;

- How did you get the LL's address? for reference, it's ARLA best practice to give it to a tenant within 2 weeks of it being requested. (ARLA however is a joke and their best practice is often ignored.)

- Have you tried a direct conversation with the agent, asking why they are issuing a S21 and suggesting that you are suspicious of their motives? You may like to hint that a call to Trading Standards and ARLA (yes, joke organisation) or whoever their professional body is for a short chat. They should also be registered with an arbitration scheme, and should give you their details when asked. A complaint to the scheme would probably bring about a cost for the agent.


Oli.

[romeogolf]

zcacogp said:

Sharp practice indeed. Not sure about the legality of it, but it is certainly not in the best interests of the landlord or the tenant so is highly undesirable behaviour. This puts things in quite a different light.

I'd be writing to the landlord, letting him/her know of the situation and asking what aspect of your tenancy they are unhappy with that such a notice should be issued. If they have any shred of decency they will contact both you and the agent and ask for an explanation. This may well open up a good route to a direct contract between the two of you.


Oli.

Thanks Oli. Our tenancy doesn't even give our landlord's address - Just his name and the address of the agent. I've paid £3 to the land registry to get his address to write to him.

[Sheepshanks]

On reading the letter, the landlord might think that he, the agent and the flat are all so marvellous that he should put the rent up!

[romeogolf]

zcacogp said:

Two more Q's;

- Have you tried a direct conversation with the agent, asking why they are issuing a S21 and suggesting that you are suspicious of their motives? You may like to hint that a call to Trading Standards and ARLA (yes, joke organisation) or whoever their professional body is for a short chat. They should also be registered with an arbitration scheme, and should give you their details when asked. A complaint to the scheme would probably bring about a cost for the agent.


Oli.

We like the flat and don't want to cause trouble with the agent, in case they kick up trouble with landlord and stop us renewing. Are there any legal issues around a S21?

[Burrow01]

If I received a letter like that, as a Landlord I'd instruct the Agency to provide a 2 year AST

If they did not, I'd be having some serious discussions with them about who they are working for..