I wonder if I can pick your brain: I bought a flat a year ago, I asked an agent to rent it under RtoR contract for 12 months, during the first month rental I been told the gas was disconnected, when I gave the flat to the agent it was find, then he told me he sorted out after 5 days, then asked me the tenant couldn’t cook so the tenancy agreement to start from the day the gas connected, I said ok, he start paying not only after 5 days but 15 days after, as it was the first month i let it go, ever since he never paid me on time or the right amount, I complained a lot after 7 months he start paying on time but 200 less here and there, I decided once the contract is over I will take my flat back from them, I told the agency they said I have to give them 6 months due to Government rule, I said ok, now its 6 months since last complain to the office, not only that they rented the living room plus over crowded the flat as well as not informing me when they removed all the furniture to replace with 2 beds to each room. The way I found out was, there was maintenance to bathroom to attend, the took several hours, I was there with my plummer, we both think they breaking the rule by renting it for more than 4 tenants, the other thing is I don’t have HMO licence, it will get me in trouble, when I confronted them, they told me they are one family, I doubt they are, if so why rent the living room to two girls who are adult near same age. I wrote a letter asking them to give back the flat, that they breaking the law and the contract we agreed and still not paying the amount they should nor give me a reason. They send email asking me to give them section 21. I am so angry with them, what can I do without taking them to court? will i be in trouble? should I be worried on fire safety? should I inform the council? help?
You need legal advice
Rent to Rent contract does not require section 21.
If it is an AST then it is not the right contract for a R2R anyway.
This is a very complicated issue where you need specialist advice.
Read what your contract says regarding forfeiture.
R2R contracts are their own beast.
I would advise you to seek legal advice from David Smith of JMW.
He gave a talk today on the pitfalls of subletting on the LandlordLaw website
Thank you for your tip. I will check out David Smith
I’m sorry you’re in this situation Fiyori, but you made a big mistake by going with a R2R scheme. There are dozens of similar stories to yours (and worse) on the forums and my own brother-in-law is in an almost identical situation. Unfortunately, these situations are hugely complex to get out of because the R2R company often uses inappropriate contracts and often stitch up their landlords by removing the forfeiture clause or amending it in some way. You are also not protected by consumer rights legislation with a business arrangement like this. I agree completely with A_A’s suggestion of contacting David Smith. You will certainly need legal help to get out of this and I’m afraid it will be expensive.
Thank you David122
I will be meeting the Estate agent guy tomorrow at the “Estate agent office” they signed me the contract at, I will try to resolve it peacefully, maybe come to terms that they leave my flat within 3 months, if he doesn’t agree then I will get a solicitor involved.
The flat is for BTL they know that, if it was my residencial imagine i need to move back to it with my family. I thought because the contract I singed with them ended back in December I thought I have the right to terminate the agency.
That wouldn’t necessarily solve your problems. If its a rent to rent company, rather than an individual then if they surrender the tenancy or you forfeit it, you will inherit the occupants as your direct tenants. I would just use tomorrow to gather info if I were you, without any commitments, then speak to a solicitor.