How do I get my property back from agent?

by Readers Question

11:01 AM, 5th November 2015
About 3 years ago

How do I get my property back from agent?

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How do I get my property back from agent?

My two properties are on rent guarantee and have been for the last few years. The contract has run out and I gave them notice. help

I’ve asked them to give my property back and evict the tenants, but the agent is not cooperating at all.

In contract it states that when the contract is ended the agent will give empty possession, but he is asking me to evict the tenants myself if I want the property back.

I want to find out what options I have and how can I start the process. Do I have to serve section 21 to tenants myself, if so I don’t know there names and don’t have a copy of AST.

Please any suggestions or any way out.

Thanks

Ali



Comments

Charles King - Barrister-At-Law

14:22 PM, 5th November 2015
About 3 years ago

Hi Ali

Letting agents are legally required to be members of a 'redress scheme', which may well be exactly what you need. I hope you have access to the written terms upon which your agents let your properties for you. If the agents are not members of a scheme, and whether or not you have written terms, there is plenty of scope for you to threaten them formally with court proceedings for breach of contract, damages for failing to deliver your properties back to you, and an injunction to provide the tenancy agreements to you. Sometimes a formal letter will be enough. It may be difficult for you to recover the properties from the tenants - I presume you do not even know whether you are stated to be the landlord in the tenancy agreements or not. There are risks associated with court action, so it would be very sensible (in fact essential) for you to seek legal advice first if the agents are simply not communicating.

CK


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