Looking to sell and end of tenancy query with Estate Agent?
Hi all, Can you advise me regarding ending my fully managed contract with my letting agent?
I have read my terms of business and have given ample notice, 3 months. I have requested they confirm the transition and when will they walk away. The Agent’s response was that once the tenant returns the keys, an independent check-out will be arranged. The agent will communicate with myself, the tenant and agree on deposit deductions, if any and escalate to the deposit protection scheme if there is no agreement. This is all clear and what I would expect.
My query is the agent has advised if the tenant fails to vacate, I stay with the agent for support, and if they need to attend court (£120) fee, they will arrange this. I am fully insured with legal cover.
Am I missing something? Why do I need the LA at this stage? I am aware (should I need to make a claim?) I need to appoint a solicitor through my landlord’s legal insurance cover, otherwise, they cannot proceed with a claim (accelerated possession order).
The agent is also asking if I wish to move from Lettings to Sales (we are selling), but they have not been great. I have not included them in my initial research for a good Estate Agent and feel my next move is to call my insurance to query exactly what my policy includes.
Would the transition from Let to Sales be best placed, staying with the current agent? Is there anything I have overlooked?
Thank you
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Member Since October 2020 - Comments: 1137
11:18 AM, 23rd March 2025, About 1 year ago
Reply to the comment left by Alison Clark at 13/03/2025 – 12:54
Too many conditions in there. At the point of signing you would be able to inspect the property and if any of the conditions are not met, what will you do? Not sign?
You also shouldn’t really include clauses that are already your legal right.
I’d suggest that you consider sending your requirements to the tenant in advance, but not including it in the deed.
Member Since April 2024 - Comments: 284
2:44 PM, 23rd March 2025, About 1 year ago
Reply to the comment left by DPT at 23/03/2025 – 11:18
Thank you.
I drafted this months ago in preparation should I need it. I agree I will delete most of the additional clauses I had included and keep my conditions to an email from the agent to the tenant, a couple of weeks before he vacates.
I wouldn’t be surprised if he is not at the property to sign the DS on the said date and leaves the keys through the letter box!
Member Since October 2020 - Comments: 1137
11:38 AM, 25th March 2025, About 1 year ago
Reply to the comment left by Alison Clark at 23/03/2025 – 14:44
If he does that then you would claim that the tenancy has ended by operation of law
(in this case abandonment) and write to him accordingly. Take lots of pictures, make records of the evidence and have the agent there as a witness if possible.
Member Since April 2024 - Comments: 284
3:32 PM, 26th March 2025, About 1 year ago
Reply to the comment left by DPT at 25/03/2025 – 11:38
Hi DPT. I have discussed abandonment with the Lettings Director and the early release. I am not comfortable that the Lettings agent only verbalised this agreement. A reference has already been completed by the agent for the tenants new tenancy. They should have held back with this until the tenant emailed his request (although, this does provide me with some certainty that he will be leaving!) The Director has arranged an email to be sent asking the tenant to confirm the early release date. The Director believes the tenant is highly likely not to respond to the email and due to past behaviour, it will be a key left on the doormat. However, as long as we have the Lettings email this wouldn’t be regarded as abandonment. I am not so sure about this?
Member Since October 2020 - Comments: 1137
5:41 PM, 26th March 2025, About 1 year ago
Reply to the comment left by Alison Clark at 26/03/2025 – 15:32
Have a look at this video on abandonment from the prominent housing lawyer, David Smith
https://www.youtube.com/watch?reload=9&v=l5-viP1Emf0
Member Since April 2024 - Comments: 284
7:52 AM, 27th March 2025, About 1 year ago
Reply to the comment left by DPT at 26/03/2025 – 17:41
Thank you.
Member Since April 2024 - Comments: 284
1:36 PM, 5th April 2025, About 1 year ago
Reply to the comment left by DPT at 26/03/2025 – 17:41
Hi DPT,
The David Smith link was excellent thank you. I have taken down notes.
My agent has finally replied to my email regarding abandonment and advised the agents Solicitor has stated all correspondence to be by email with my tenant and all verbal coms recorded. Should the tenant not be forthcoming with providing written confirmation of the date he will vacate (hence no deed of surrender either?) and leaves keys at the property or branch, as long as the agent have their notes of the verbal agreement and it’s clear belongings have been removed, the solicitor felt we would not need to follow the abandonment process, but no guarantee if challenged in court a judge would uphold.
This is reassuring however, planning for the worst. If at the time, there is any ambiguity at all, I am thinking is it best to follow David Smiths advice step by step? Which would mean waiting a couple more weeks before changing locks and starting any maintenance work ready to sell, especially as I have s21 in place too.
Member Since April 2024 - Comments: 284
5:14 PM, 18th April 2025, About 12 months ago
Hi DPT.
Please can you offer some reassurance.
My tenant requested an early release (28/4 one month early, s21 is in place for 28/5) I agreed through my agent by DofS only. I explained I have a DofS template from my insurance legal team. It then went quiet for a couple of weeks until a
a call from the tenant yesterday stating he was definitely leaving and he had secured another property and paid a deposit. My agent emailed a DofS (fee £25+VAT) My question to the agent after the bank holiday is how is the DofS supposed to be witnessed if it’s via email and it should be signed in PEN. The property was inspected last month with no concerns reported by the agent. Agent has arranged with the tenant to return the keys to the branch. I am going to dispute the fee and yet again no communication or consultation from my agent and I am concerned the Deed of Surrender is not going to be watertight?
Member Since October 2020 - Comments: 1137
7:59 PM, 19th April 2025, About 12 months ago
The deed of surrender needs to be signed by you, the tenant and the witness as they are leaving the property. It is of no real effect if signed before or not properly executed.
Member Since April 2024 - Comments: 284
11:52 AM, 21st April 2025, About 12 months ago
Thank you. My agent is not executing this correctly. I do not think they realise the deed of surrender (early release) needs to be witnessed as how can they email this to the tenant then not arrange to be at the property to witness the signature and sign as a witness. It’s exhausting. I am emailing to say if this is not properly executed then regardless if the tenant vacates/returns keys on Monday 28//4/25 he will still owe rent until the s21expires 27/5/25. Have I missed anything? Thank you.