Here is a question to the blog clinic from Rob who is a landlord
My tenant has been renting my property for 3 years via a local agent. The tenant is a good tenant but I need to sell the property and discussed this with my agent last year.
However, my letting agent has recently re-signed my tenant up to another 12 month contract without asking my permission.
My question is does the agent need to receive my permission each anniversary before re-signing my tenant?
This is a difficult one to answer as it will very much depend on what your agency agreement says and what discussions you had with your agent.
If you made it clear to the agent last year that you wished this to be the last year with this tenant as you wanted to sell, then it is arguable that the agent had a duty to check with you to see if the situation has changed before signing the tenant up again.
However, agents are busy people and I suspect that he will have forgotten a discussion which took place a year ago.
What you should have done it put it formally in writing to your agent that you did not wish to extend the tenancy beyond the current year. If this was not done then the agent could, with some justification, say that (if he remembered the conversation) he assumed that you had changed your mind.
It may be that you did actually put this in writing and it would be a good idea to check all your emails to see if any of them refer to your need to sell the property in 2015.
However looking to the future, I suggest that you write to your agent now making it very clear that you do not wish to continue the current tenancy and do a diary note to write to the agent again two months before the end of the fixed term, telling them this again and asking them to serve a section 21 notice on the tenants.