Letting Agency/Property Management Company issue...

Bass Cadet

I have a lease for two tenants in a written contract/lease. The property is a three bed in Galway city centre.

I have since learned that the management company has let out the third room without informing me. There was no new lease or contract written up with this person's signature and a new set of keys for the house were given to him. I have no idea who the person is...could be a lunatic for all I know.

This is the first time (and the last) I have used a letting agency/property management company so excuse my ignorance but is anyone familiar with how situations like this work? Surely as the property owner I must be told that:
1. The tenants want to rent out the third room (before it is rented out)
2. Who this person is
3. A new lease with this person's signature is written up and a copy sent to me.

Any advice appreciated.

Redhairedguy

Moved from Galway City

Michael D Not Higgins

The agent shouldn't be operating without informing you. You can make a complaint to the PSRA, they take these things seriously.

Was the lease with the first two tenants joint for the whole place or separate for individual rooms? Was it the tenants who wanted to rent the third room first or the agent? As it stands, the third person is a licensee and the tenants are subletting to them. The agent is also acting outside his bounds.

Bass Cadet

Michael D Not Higgins wrote: »

The agent shouldn't be operating without informing you. You can make a complaint to the PSRA, they take these things seriously.

Was the lease with the first two tenants joint for the whole place or separate for individual rooms? Was it the tenants who wanted to rent the third room first or the agent? As it stands, the third person is a licensee and the tenants are subletting to them. The agent is also acting outside his bounds.

Thanks for your reply. The entire property was let out to the two tenants as per the lease agreement and signed by them. (I received a copy).

As far as I know the tenants (who are very good tenants) wanted to rent out the room so they contacted the letting agent (as you would as a tenant). All I know is the agent agreed to rent out the 3rd room without any contact to me about who this person is or that the tenants even contacted them regarding wanting to rent out the 3rd room.

The two tenants presumed the letting agent had contacted me about it. One of the tenants said one of the agent's employees came to the property and handed over a new set of keys for the 3rd tenant.

These tenants are are lecturers and doctorate graduate students in the college. As such, their references were impeccable and I have no reason whatsoever to think that they are lying to me about 'sub-letting' , otherwise, they wouldn't have told me. When I talked to one of them he was shocked that I didn't know about the 3rd tenant.

The reason I was in contact with them is that I want to be the sole management of the property (I've told the agency - before I knew about this 3rd tenant that I want to discontinue the contract with them at the end of the present lease) and to be the 'go to person' so to speak rather than this letting agency who have been nothing but trouble and charging me a generous percentage (for them) of the rent (obviously). It's bizarre as they are a reputable company...which is the reason I went with them (after doing some research).

I just want to find out as much information as possible before contacting them about the matter. Should I talk to my solicitor first? Is there tax implications involved?

Should I contact PSRA and see what they say about the matter?
As the property owner & landlord I'm shocked that I wouldn't be informed about the agency letting out the 3rd room without contacting me. I only want to know who is living in my property as per my rights as a landlord.

Any further advice appreciated

Michael D Not Higgins

I'm not saying the tenants were deliberately deceiving you, just describing the legal position. As I see it, you can evict this third person as they don't have tenancy rights. Alternatively you can accept them and do up a new lease.

Definitely report the agents though. It's bad form and unprofessional.

Bass Cadet

Michael D Not Higgins wrote: »

I'm not saying the tenants were deliberately deceiving you, just describing the legal position. As I see it, you can evict this third person as they don't have tenancy rights. Alternatively you can accept them and do up a new lease.

Definitely report the agents though. It's bad form and unprofessional.

Thanks...I didn't mean to insinuate that the tenants were deceiving me, as they were doing what they should i.e. contacting the management company rather than me for having a 3rd tenant.

However, would you recommend I contact the management company and ask why they didn't inform me of this 3rd tenant?...from a legal perspective. From now and until the end of the lease, this guy could burn down the house down and might affect my house insurance/tax etc??

As mentioned before, it's my first time dealing with a letting/management agency so I'm unsure. Hence, myself taking over the property even though I live in Dublin.

The lease is up in mid September and have already agreed (verbally) a new 6 month lease with the tenants (all three of them - on the agreement I meet the 3rd tenant and have his references). With help from my solicitor, I'll draw up the new lease.

foggy_lad

The Second thing to do is get this guy out of your property, you might need legal advice from a solicitor because an agent acting for you has given this guy rights as a tenant in your property. Even with no lease once this guy is paying rent or has paid rent they are a tenant.

First thing is to report the agent to the property services regulatory authority today!

Tell the agent that you are taking back control of the property immediately due to their actions which breach the terms of your agreement/contract with them.

Get all keys back but be prepared to change the barrels in the locks because any agency doing this is not one bit reputable, they have just not been found out before!

Cheshire Cat

Are those the same tenants who wanted you to reduce the rent?
If yes they have some cheek! Wear and tear is higher with more people, so by rights the rent should go up.
Get rid off the agency ASAP, report them and then decide whether you are really willing to let the 3rd person stay. They have no rights whatsoever unless you decide they can be added to the lease.

Bass Cadet

Thanks for the replies...I will be reporting the letting agency today. The tenants have agreed to the same rent as previous on the basis that I meet the 3rd tenant and get at least two recommendations/character references.

athtrasna

Bass Cadet wrote: »

Thanks for the replies...I will be reporting the letting agency today. The tenants have agreed to the same rent as previous on the basis that I meet the 3rd tenant and get at least two recommendations/character references.

They've agreed to the same rent between three that you were getting from two of them? That's as jammy an arrangement for them as I've heard in a long time

Mrs OBumble

Bass Cadet wrote: »

I have since learned that the management company has let out the third room without informing me. There was no new lease or contract written up with this person's signature and a new set of keys for the house were given to him. I have no idea who the person is...could be a lunatic for all I know.

This is the first time (and the last) I have used a letting agency/property management company so excuse my ignorance but is anyone familiar with how situations like this work? Surely as the property owner I must be told that:
1. The tenants want to rent out the third room (before it is rented out)
2. Who this person is
3. A new lease with this person's signature is written up and a copy sent to me.

It depends on what the contract you have with the letting company is.

The company that I pay to manage the property I own don't clear individual names with me, nor send me a copy of the lease. But they do thorough reference and credit checking - and they lose out if the tenant doesn't pay the rent.

Check your contract.


Oh - and even if they new tenant is a lunatic - that'd be a disability so not something you can discriminate on!

Bass Cadet

athtrasna wrote: »

They've agreed to the same rent between three that you were getting from two of them? That's as jammy an arrangement for them as I've heard in a long time

I live and work in Dublin. What I'm getting is more than I was getting with the agency sacked. Nothing has been written, only verbal agreement.

I don't have time to interview and take references/call previous landlords for the sake of another €100 a month as much as I'd love to. I think the issue here is <mod snip> letting/management agencies taking advantage of people.

I appreciate your concern though

frag420

Bass Cadet wrote: »

I don't have time to interview and take references/call previous landlords for the sake of another €100 a month as much as I'd love to

That €100 a month is €1200 a year. That's a holiday for you and the Mrs, the insurance for the car perhaps? Kids college fund?

Better to be looking at it than looking for it I say!

Heck il reference check, interview and call a few landlords for you for €1200!!

JustLen

Pm'd