How long is a contract valid?

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    #16
    The contract is between me and the Agent. Nothing to do with the tenancy agreement.

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      #17
      The agent prepares the tenancy agreement and signs it on my behalf.

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        #18
        Originally posted by 37eeyore View Post
        The agent prepares the tenancy agreement and signs it on my behalf.
        That wasn't the question. Who does it say is the landlord?
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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          #19
          I'm the landlord which is why the agent signs on my behalf.

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            #20
            Then you've been given the answer. There's no way, sharp or form what the agent is saying has any truth in it.

            I would look up which redress scheme they're a member of and file a complaint.

            The relationship you have with the letting agent has no bearing on the continuation or termination of any tenancy for which you are the landlord. That's a relationship between the tenant and you, for which the letting agent is merely a middle man, and who is suppose to be working for you and acting on and only on your instructions.

            Go ahead and fire the agent. You may want to warn the tenants that the agent is a POS trying it on, and for them to ignore whatever the agent may say about their tenancies.

            Originally posted by 37eeyore View Post
            There's not much point giving them notice at the moment as the tenant in property B is moving out. The tenancy for property A doesn't end until next July and I've already paid the agent for the year.
            If they're not actually doing anything, and you've already paid them to the end of tenancy A, you may as well fire them now so they don't try anything when tenancy A fixed term ends.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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              #21
              Don't I have to abide by the contract between me and the agent? I was hoping someone could tell me if that contract was still valid as it was for a different tenancy.

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                #22
                You need to post the contract on here in its entirety plus fees table in order to properly advise.

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                  #23
                  Originally posted by 37eeyore View Post
                  Don't I have to abide by the contract between me and the agent? I was hoping someone could tell me if that contract was still valid as it was for a different tenancy.
                  It would be good business practice for the agent to get you to sign new terms for each new tenancy (and I believe it may be a requirement under the Ombudsman’s code of practice).

                  But in the absence of a new contract each time, I think a judge would be satisfied that your agreement with the agent was on the same terms as before, especially as you had paid them the agreed fee and allowed them to carry out whatever work they might have done (renewals).

                  I think there’s still a good chance the terms are unfair. If you want to find out if I’m right, simply don’t pay the agent and see if they take you to court.

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                    #24
                    Sorry, it took a while to get it in a format I could redact and upload. I don't have the fees schedule, I don't think I've ever had it.
                    This is the first two pages next two to follow.
                    Attached Files

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                      #25
                      Las two pages of contract.
                      Attached Files

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                        #26
                        Suggest you pursue a complaint through the letting agent redress scheme. The 1st step of which is to exhaust the letting agent's complaints process.
                        http://england.shelter.org.uk/legal/...edress_schemes
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                          #27
                          I've been complaining, not sure they have a proper procedure. I'll have to ask them which scheme they're a member of. Thanks for all the help.

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                            #28
                            Originally posted by 37eeyore View Post
                            Don't I have to abide by the contract between me and the agent?
                            Yes, which is why you've been told to give notice to your agent in accordance with the terms of the contract to terminate said agreement.

                            Whatever happens between you and the agent does not affect the tenancy. Unless and until you (or the agent acting on your behalf) agrees a mutual surrender with the tenant, the tenant leave by the end of a fixed term, the tenant of a periodic tenancy giving valid notice, or you (or the agent acting on your behalf) serve the tenant a section 8 or section 21 notice and then proceed to court and evict, a tenancy between you and the tenant will continue.

                            And like I said before, you may want to warn your tenants to ignore the agent if the agent ever tries telling them they have to leave.

                            Originally posted by HantsAgent View Post
                            I think there’s still a good chance the terms are unfair. If you want to find out if I’m right, simply don’t pay the agent and see if they take you to court.
                            I would say the fee schedule termination charge is unlikely to be enforceable given OP was never given a copy. 5%+VAT ongoing for zero work not even rent collection is questionable, but if it's been paid already, there's not a lot OP can do about that.


                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                              #29
                              The contract seems pretty clear.
                              The agent is appointed for The Property and The Property is defined as the address written in the box on page 4.
                              Assuming there's only one property in that box, that's the only property the agreement seems to be for.

                              However, if the agent and landlord have been transacting as though there was an agreement of some sort, there is likely to be a contract, even if it's verbal. The terms of the verbal agreement are, obviously, for debate, but there would probably be a presumption that they are likely to be similar to another written agreement om the same subject. But the agent has obviously been performing some service at the landlord's request and being paid for it. so there's some kind of contract.

                              Although it's not relevant to the question, under S3, Financial Matters, clause 5 isn't (I think) normal and may not be legal and clause 2 is probably unfair (and a landlord would be unwise to agree to it).
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                                #30
                                Originally posted by jpkeates View Post
                                Although it's not relevant to the question, under S3, Financial Matters, clause 5 isn't (I think) normal and may not be legal
                                The interest bit seems reasonable (agent has one account for all clients and working out what interest is earned by which client would be a pain/impossible), but
                                the commission bit would worry me as it might encourage agent not to work in the best interests of the LL, but I can see why it is there: any money received by agent belongs to LL unless agreed otherwise; but it might be a innocent as "if agent arranges X or more insurance policies with company Y during a year, then Y will pay agent a commission", and again sorting out how much is attributable to each LL would be a pain.

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