New Landlord
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NobleGuy

Original Poster:

7,133 posts

244 months

Tuesday 14th August 2012
quotequote all
I'm going to become a landlord for the first time.

I'm interested in a property with an existing tennant, but it's managed by a letting agent. If I buy the flat will I be expected to abide by any existing agreements the agent might have with the current landlord?

I'm assuming it becomes a blank piece of paper with a new owner, but any advice/experience would be great thanks smile

Munter

31,331 posts

270 months

Tuesday 14th August 2012
quotequote all
As far as I'm aware the landlord could only sell the property to someone willing to take on the existing contract. Then at the end you are negotiating from scratch as you would anyway. Just with you as the landlord.

james12345

615 posts

265 months

Tuesday 14th August 2012
quotequote all
I would be wary that if you negotiate a new contract with the existing tenants at the end of their current contract that the agency will expect a nice cut for doing nothing.

I would be pushing the existing owner / landlord to give the tenants notice to quit, with the notice expiring on the day of completion, then you start a new tenancy with the existing tenants from day one.

NobleGuy

Original Poster:

7,133 posts

244 months

Tuesday 14th August 2012
quotequote all
Thanks for the advice.

It looks like the contracts will be re-drawn on completion and the letting agents have offered management for 8.5% (no admin fee).

It's likely they've taken a lump sum for the original letting so it may well be that they will expect that again at renewal. I've asked the question and am waiting to hear.

Is it right you can just ring up the council to place DSS tenants? If so, it's a bit of a joke expecting a letting fee, or am I being naiive...?

Davel

8,982 posts

287 months

Tuesday 14th August 2012
quotequote all
I'd have thought that, if there is an existing tenant with an agreement in place, you will have to allow them 'quiet enjoyment, until the end of any Tenancy Agreement.

james12345

615 posts

265 months

Tuesday 14th August 2012
quotequote all
The letting agent will take their entire 12 month commission from the first month's rent, so you wont see much of that.

As for DSS / council tenants, normally you would rent privately to them. Noweadays the coucil pay housing benefit direct to those in need, who are then supposed to "manage" their own money and be responsible tenants. You'll ionly get the rent paid directly to you if the tenants are constantly late or miss payments, and by that point you'll just want rid of them.

If you're looking to go down the "DSS" route, it's well worth calling up your local housing officer - if the property is suitable for disabled people, chances are he'll rip your arm off to place someone with you!

james12345

615 posts

265 months

Tuesday 14th August 2012
quotequote all
Davel said:
I'd have thought that, if there is an existing tenant with an agreement in place, you will have to allow them 'quiet enjoyment, until the end of any Tenancy Agreement.
^^ This, but only if that are in the Assured part of their tenancy - if they've now moved on to a Periodic Tenancy, then the existing Landlord can serve the Section 21.

Davel

8,982 posts

287 months

Tuesday 14th August 2012
quotequote all
You can have lots of problems with DSS tenants.

If the rental is paid to them, for them to pay on to you, they often fall badly into arrears and you may well never see the money.

If they get into arrears, you can't simply evict them as you can't make them homeless.

Some, as they leave, will leave the place in a terrible state and some even nick the boilers etc.

Having said this, there are some very good tenants of all types and vice versa.

Munter

31,331 posts

270 months

Tuesday 14th August 2012
quotequote all
Davel said:
You can have lots of problems with DSS tenants.

If the rental is paid to them, for them to pay on to you, they often fall badly into arrears and you may well never see the money.
An experience my brother has had. He was happy to take them when the money came directly to him. Then they switched onto this system of giving the money to the tenants to pass on. He never saw any of it, and fortunately had had them give a guarantor (one of the parents), so got cash out of them in the end. The kid had lots of new toys though when the council gave them the rent....

He just went through a standard procedure to evict them as far as I was aware. Who knows where they went. But they left loads of their stuff. A suitcase of family photos, and other stuff you'd think they would want (they didn't want it after we cleared the house either). Even left the cat locked in.

Basically he'll not take another DSS tenant.

NobleGuy

Original Poster:

7,133 posts

244 months

Wednesday 15th August 2012
quotequote all
Apparently the tenant in this case is near retirement age and the rent is paid direct to the letting agent.

I think before going ahead I'd like to meet her.
Near retirement age doesn't always mean nice little old lady hehe

P.S. She's got a telly considerably more massive than I...