Company Let agreement and exiting help needed
Discussion
Hello
I entered into a 2 year fixed term company let with an estate agent who guarantees rent. We verbally agreed tenants will be professional and with no children. The agreement doesn't have a break or any clause for rent uplifts.
The agent has put in a single women with kids. She is a beautician.
The company let agreement details no amendments to the property including no nails on the wall and adjustments to the fixtures. The tenant has screwed wall hangings all over the flat and damaged the banister by screwing in a self made gate.
The Agreement refers to the need to ensure the company is not breaching insurance terms. Unfortunately by not having professionals in the property there is a further breach.
The property is causing me unnecessary headache and costs. Over the past 4 months its costs me £1000 in replacing appliances because the tenant wasn't happy.
I've decided to sell and leave the property game. The tenant isn't giving access to the estate agent to take photos. She states she doesn't want her things advertised online. I believe that's fair enough.
The estate agent is saying they can't exit the agreement as they have a contract with their tenant for a year. They won't share this contract with me. I suspect they have a break clause in the agreement.
I am thinking to send and email detailing breach in contract and giving them notice to quit as detailed in the below.
https://www.google.co.uk/amp/s/blog.home-made.com/...
Is there anything I am missing here? I would appreciate some steer and support.
I entered into a 2 year fixed term company let with an estate agent who guarantees rent. We verbally agreed tenants will be professional and with no children. The agreement doesn't have a break or any clause for rent uplifts.
The agent has put in a single women with kids. She is a beautician.
The company let agreement details no amendments to the property including no nails on the wall and adjustments to the fixtures. The tenant has screwed wall hangings all over the flat and damaged the banister by screwing in a self made gate.
The Agreement refers to the need to ensure the company is not breaching insurance terms. Unfortunately by not having professionals in the property there is a further breach.
The property is causing me unnecessary headache and costs. Over the past 4 months its costs me £1000 in replacing appliances because the tenant wasn't happy.
I've decided to sell and leave the property game. The tenant isn't giving access to the estate agent to take photos. She states she doesn't want her things advertised online. I believe that's fair enough.
The estate agent is saying they can't exit the agreement as they have a contract with their tenant for a year. They won't share this contract with me. I suspect they have a break clause in the agreement.
I am thinking to send and email detailing breach in contract and giving them notice to quit as detailed in the below.
https://www.google.co.uk/amp/s/blog.home-made.com/...
Is there anything I am missing here? I would appreciate some steer and support.
Edited by Cimaguy on Tuesday 17th January 23:23
If the only breach of written terms is that she’s put nails in the wall and hung a stair gate, I doubt you have a strong enough case for breach of contract.
I don’t imagine the agents have any obligation to share the tenancy agreement with you either.
Sadly I think you’ll have to hang on in there until the end of the fixed term.
IANAL
I don’t imagine the agents have any obligation to share the tenancy agreement with you either.
Sadly I think you’ll have to hang on in there until the end of the fixed term.
IANAL
This does not sound like a company or corporate let, but instead It seems more of a ‘rent to rent’ type contract with the estate agent. But if that were the case your contract with them would typically to be on a hands off basis akin to a commercial lease, with them having full insuring & maintenance obligation and you needing to do nothing except receive the agreed rent. Yet seemingly you remain responsible for replacing worn out appliances, so it doesn’t entirely add up.
sorry but this sounds a bit desperate and snooty.
Are you trying to say beautician isn't a profession?
Once the tennant leaves either they or the agent will need to sort the issues like pin holes in walls
I'm surprised to find that having children or not is not a protected characteristic.
Are you trying to say beautician isn't a profession?
Once the tennant leaves either they or the agent will need to sort the issues like pin holes in walls
I'm surprised to find that having children or not is not a protected characteristic.
There's not loads you can do at this point, other than complain and make a nuisance of yourself.
You have a contractual tenancy with the agent. Terms per the contract. The agent has likely got the beautician (not a professional in the sense of belonging to a profession even if she does it for money, fnar) on an AST. You have no contract with the beautician.
There may or may not be a break clause in the AST. Not really your business, cos your agreement is with the agent. Even if you make enough of a nuisance of yourself that they issue notice to their tenant, she may not leave, and then you're into possession orders. Will the agent pay for and manage the eviction process, and continue paying you rent until vacant possession if it's at your instigation because you're unhappy about some picture hooks? Seems unlikely.
About the only thing you can really do is give them lots of notice that you will not extend beyond the minimum term, complain about them to all and sundry once you've got vacant possession back, and if they don't hand it back in good order, MCOL for cost of making good.
Incidentally, seems odd that you're paying fr maintenance. Do check your contract for your actual responsibilities there.
You have a contractual tenancy with the agent. Terms per the contract. The agent has likely got the beautician (not a professional in the sense of belonging to a profession even if she does it for money, fnar) on an AST. You have no contract with the beautician.
There may or may not be a break clause in the AST. Not really your business, cos your agreement is with the agent. Even if you make enough of a nuisance of yourself that they issue notice to their tenant, she may not leave, and then you're into possession orders. Will the agent pay for and manage the eviction process, and continue paying you rent until vacant possession if it's at your instigation because you're unhappy about some picture hooks? Seems unlikely.
About the only thing you can really do is give them lots of notice that you will not extend beyond the minimum term, complain about them to all and sundry once you've got vacant possession back, and if they don't hand it back in good order, MCOL for cost of making good.
Incidentally, seems odd that you're paying fr maintenance. Do check your contract for your actual responsibilities there.
If you intend to rely on a 'beautician' not being a 'professional' then you're in for a bit of a shock.
Try googling 'Is 'beautician' a profession?'
Random starter for 10: www.cpba.co.uk/what-skills-do-you-need-to-be-a-bea...
From the link:
"A beautician is a professional that people put their confidence in and faith in. They might reveal some uncomfortable things about themselves that are embarrassing to them. Whether it is anybody’s issue or any other thing, it is up to you to maintain that trust and not disclose it to anybody else."
Try googling 'Is 'beautician' a profession?'
Random starter for 10: www.cpba.co.uk/what-skills-do-you-need-to-be-a-bea...
From the link:
"A beautician is a professional that people put their confidence in and faith in. They might reveal some uncomfortable things about themselves that are embarrassing to them. Whether it is anybody’s issue or any other thing, it is up to you to maintain that trust and not disclose it to anybody else."
Edited by paintman on Wednesday 18th January 13:22
If I was renting out I'd see "professional" as someone having a regular job.
I'd not want them running the business from the house with lots of visitors, nor storing lots of trade materials onsite. But providing they pay the rent and don't cause a nuisance, what difference does it make between beautician, chef or shop assistant?
I'd not want them running the business from the house with lots of visitors, nor storing lots of trade materials onsite. But providing they pay the rent and don't cause a nuisance, what difference does it make between beautician, chef or shop assistant?
Agreed, if you don't consider her a professional employment that maybe 1 ground to terminate.
The nails in the wall and gate are minor breaches these clauses deal more with with chargeback at the end of tenancy for damages and you can state she was never supposed to afix nails/screws, most tenancies allow picture hooks but any making good is down to the tenant when they vacate.
Hanging pictures in my experience is a tricky things as courts of DDS don't like landlords stating "no fixing to walls" as it can be seen as unreasonable.
In the grand scheme of things they aren't major issues and if someone is that uptight about it don't rent property, its an asset but their home.
The one line I have seen used to excuse 'professionals only' is to say that the insurers have provisions as some do stipulate certain exclusions.
.
The nails in the wall and gate are minor breaches these clauses deal more with with chargeback at the end of tenancy for damages and you can state she was never supposed to afix nails/screws, most tenancies allow picture hooks but any making good is down to the tenant when they vacate.
Hanging pictures in my experience is a tricky things as courts of DDS don't like landlords stating "no fixing to walls" as it can be seen as unreasonable.
In the grand scheme of things they aren't major issues and if someone is that uptight about it don't rent property, its an asset but their home.
The one line I have seen used to excuse 'professionals only' is to say that the insurers have provisions as some do stipulate certain exclusions.
.
vaud said:
If I was renting out I'd see "professional" as someone having a regular job.
I'd not want them running the business from the house with lots of visitors, nor storing lots of trade materials onsite. But providing they pay the rent and don't cause a nuisance, what difference does it make between beautician, chef or shop assistant?
A professional is normally someone who has special training for a job and registered with a professional body so they can be held to a standard and also removed if they breach such a code.I'd not want them running the business from the house with lots of visitors, nor storing lots of trade materials onsite. But providing they pay the rent and don't cause a nuisance, what difference does it make between beautician, chef or shop assistant?
LAWYERS
NURSE
DOCTOR
- SURVEYOR LOL
OutInTheShed said:
It's not exactly the oldest profession....
Face it, you're not going to get barristers or accountants renting most properties.
You would be surprised how many young females rent and claim to be beauticians, hair stylist, videographer, content creator... when in fact they are on OF are one of its competitors, some are making 10-50k a month easy, before tax. Face it, you're not going to get barristers or accountants renting most properties.
surveyor_101 said:
OutInTheShed said:
It's not exactly the oldest profession....
Face it, you're not going to get barristers or accountants renting most properties.
You would be surprised how many young females rent and claim to be beauticians, hair stylist, videographer, content creator... when in fact they are on OF are one of its competitors, some are making 10-50k a month easy, before tax. Face it, you're not going to get barristers or accountants renting most properties.
As mentioned, this sounds like a rent to rent agreement you've entered into, and not a particularly good one if you're footing the bill for repairing and replacing appliances. I'd imagine they've put her on an AST with a 12 month fixed period. They should have provided you with a copy of the agreement. I'd also be asking for evidence they set up the tenancy lawfully, with EPC, Gas Safety etc issued to the tenant.
The tenant has a right to privacy in her own home through Article 8 and can restrict access to the agents. Do you have stock photos of the property you can use for advertising? Put a post in a local property investors group and see if there's anyone close by who might be willing to take the property with tenant in situ.
Does the estate agents name begin with N by any chance? Agents should be a member of The Property Ombudsman or Property Redress Scheme. Both stipulate you must raise an official complaint with the agent before escalating to them, so I'd start by putting pen to paper and contacting the agent and let them know you'll escalate things to the regulatory body if it's not resolved to your satisfaction.
Finally, I'd clarify with your insurer if 'beautician' is classed as a professional. If not, amend the policy so you're covered, and seek recompense for any uplift in your premium from the agent (also mention it in the correspondence I mentioned above). You're aware of her profession now, so if it goes tits up and she burns the place down, they have grounds to say you didn't notify them.
The tenant has a right to privacy in her own home through Article 8 and can restrict access to the agents. Do you have stock photos of the property you can use for advertising? Put a post in a local property investors group and see if there's anyone close by who might be willing to take the property with tenant in situ.
Does the estate agents name begin with N by any chance? Agents should be a member of The Property Ombudsman or Property Redress Scheme. Both stipulate you must raise an official complaint with the agent before escalating to them, so I'd start by putting pen to paper and contacting the agent and let them know you'll escalate things to the regulatory body if it's not resolved to your satisfaction.
Finally, I'd clarify with your insurer if 'beautician' is classed as a professional. If not, amend the policy so you're covered, and seek recompense for any uplift in your premium from the agent (also mention it in the correspondence I mentioned above). You're aware of her profession now, so if it goes tits up and she burns the place down, they have grounds to say you didn't notify them.
Jonmx said:
Finally, I'd clarify with your insurer if 'beautician' is classed as a professional. If not, amend the policy so you're covered, and seek recompense for any uplift in your premium from the agent (also mention it in the correspondence I mentioned above). You're aware of her profession now, so if it goes tits up and she burns the place down, they have grounds to say you didn't notify them.
We also haven't seen the agreement the Business entered into, but they may not be entitled to a copy of the tenancy, they have stated already they won't provide a copy, so next step is as you say complaint.
surveyor_101 said:
Jonmx said:
Finally, I'd clarify with your insurer if 'beautician' is classed as a professional. If not, amend the policy so you're covered, and seek recompense for any uplift in your premium from the agent (also mention it in the correspondence I mentioned above). You're aware of her profession now, so if it goes tits up and she burns the place down, they have grounds to say you didn't notify them.
We also haven't seen the agreement the Business entered into, but they may not be entitled to a copy of the tenancy, they have stated already they won't provide a copy, so next step is as you say complaint.
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