A family member entered into a letting agent management agreement back in 2016 to let out their property. The agreement was for 3 years but with clauses which stipulate the agreement can be ended after its term by either party giving the other 2 months notice unless a tenant place by the agent is in the property in which case the agreement will continue to be binding until the tenant vacates.
The agent was instructed to give notice to the tenant to vacate back in August which he has failed to do so in writing. He says he told the tenant verbally.
The agent has never shared any tenancy agreements with us since the start of the management agreement back in 2016. I asked him to share all the tenancy agreements with us so that we can know what our rights and responsibilities are to which he replied he couldn’t due to data protection. When he was challenged that he worked for us and we had a right to see all contracts to which we are party to he provided a tenancy agreement which was for a 6 months fixed term dated Oct 2018 – see attached. Also note the rent was reduced from £485 to £460 back in 2017 yet this tenancy still states the original rent.
He has not provided any other tenancy agreements and has been obstructive in providing one so I concluded that we now have a periodic tenancy as a result I issued notice to vacate to the tenant myself giving him 4 months from 27 Aug 21. However the tenant states he has a fixed term from April 21 until 13 October 21. I asked him to share the tenancy with me which he is refusing to do so stating agent has advised him not to share the tenancy with landlord. It seems like both the agent and tenants appear to be in cahoots with each other.
When I asked the tenant whose name is on the tenancy agreement he said it was the agents to which the agent also initially confirmed but then retracted his statment when I advised that then both of you are in breach of contract as we are the landlord and only our name should be on there as landlord. The agent still hasn’t provided this tenancy agreement.
Is this ‘supposed’ 6 month tenancy from April 21 valid as we have not seen it despite repeat requests and it possibly still has the old rent of £485? If it is then our 4 months notice to vacate will be unforceableable?
Can the agent issue tenancy agreements based on our original management agreement without seeking permission form the landlord first?
I have also issued a rent increase notice to the tenant with instructions to pay directly to the landlord to which he is refusing to sign and insist he will only pay the old rent and directly to agent as he has been paying previously.
The agent advised he will continue to accept any payments from tenant and continue to deduct his fee and pass on to landlord.
We no longer wish to use the agent for their services as they are behaving obstructively and their service has reduced below acceptable levels. The agent also didnt secure the tenants deposit until Oct 2018 despite the tenancy having started in 2016.
Is the agent in breach of contract for not securing the deposit within 30 days of the original tenancy commencing?
Can we terminate contract with agent for not sharing tenacy agreements and for not securing the tenants deposit when the original tenancy commenced in 2016? Howe else can we terminate agreement with agent?
If the latest 6 month tenancy stands do we have to issue another 4 months notice to vacate commnecing from when this tenancy ends?