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Eviction and everything else-help

T1: R. Wendle
Date: 13 Mar 2003
Time: 18:58:35
Remote Name: 81.132.46.33
Remote User:

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Hello, I was wondering if anyone can advise me on this predicament that I find myself in:

My Mother owned a property which she rented. She had rented the property to a company for 6 months on a STA. The company paid all the rent up-front for the 6 months. Two of the company's employees, moved in. The contract stated that the STA was between my Mother and the Company, for Occupation by Employee A and Employee B. The 6 months came and went very successfully. At the end of the contract the "Agents" asked the Tennants if they would like to take on the rental of the property. They accepted and a "New" STA was signed. But this time just between the two employees and my Mother via the Agents. Is this a "NEW" contract even though the Tennants are the same and were named as the occupiers on the contract?

Then unfortunately my Mother died and I "Inherited" the house and the Tennants. I wanted to sell the house. I instructed the Agents to serve a Section 21 in the belief that this was an extension of the "old" contract. The Agents had already signed the "NEW" 6 month contract with the Tennants. So they served a "Verbal" notice on the Tennants the same day the "NEW" contract started. I then found out that the Agents then served a Section 21 a couple of weeks later and post dated it to the date the "New" contract started. Needless to say the Tennants were not amused. The Agents then made two entries into the property without notice and were demanding a date from the Tennants to leave. The Tennants wrote a letter to the Agents threatening legal action and withheld the rent from then on. The Agents were then seen outside the property on several occasions, intimidating one of the Tennants who was 7 months pregnant at the time. The Tennats finally left being in arreas of 3 months rent. I have started County Court proceedings against them for the arreas and have off-set some of the arreas against the deposit. The former Tennants have counterclaimed for the deposit money, cost of moving and deposit of their new accommodation, plus damages. The actions I have taken are on the advice of the Agents. Never wanting to be a Landlord I am completely in the dark regarding the rights and wrongs. Needless to say I am very nervous of the fallout from all of this, especially in regards to the agents advice, especially after reading this message board. The Tennats contacted me directly saying that because of the Agents behaviour they would no longer deal with them and only directly with myself. From the correspondence all sorts of allegations are being claimed against the agents. Am I responsible and liable for the agents actions if proved?

Please help, I can't see and end to this.


Last changed: March 13, 2003