estate agents demanding renewal fees and commission

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    estate agents demanding renewal fees and commission

    I entered into a one year fixed contract through an estate agents [ the name sounds like lexters !) , their appointment letter with the very small print had all sorts of fees or renewal etc .... all forms were to be signed online and both parties received the signed document. When we sent back the appointment letter we clearly specified that those clauses relating to renewal fees and commission would not apply. We have previously used estate agents who would simply find tenants for us and the tenants were ours after the first year..if the tenant stayed.

    the current tenant has express wish to renew and i approached the agents just to say i wanted to be sure that there was going to be no aggro on renewal, as the agents has approached the tenants too.

    now the agents are saying their commission is due in full because is their tenant and they would never have agreed to such a clause deletion. They can not say why they did nt come back to reject the amendment to the appointment letter and instead they are prepared to offer a one month free commission. they say its not their way of ever doing things....they never just find tenants..

    But their rates are very high and we thought we would get the tenants at the end of the first year.

    They are very likely to say ...no agreement on reducing fees etc and this will also scare the tenant away who is new to the country.

    now i m stuck to press the legal agreement or lose the tenant and have a void period in finding a tenant in this somewhat difficult time of renting.

    any advice would really help.




    #2
    It is a question of what you actually agreed at the time. Do you have a copy of a covering letter sent with the document? Ideally you should have struck out the clauses in the contract.

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      #3
      the document sent by the agents was like a doc sign online form only ..you could not cross out but there was a box there to make any changes and the 2 clauses were specifically listed and stated that these will not apply.

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        #4
        If you amended the document before you signed it and returned it and, provided the document itself didn't become invalid as a consequence (ie there was some kind of condition that the agreement couldn't be amended), the agent was appointed on the basis of the letter that you sent them.

        It's one of the problems with a letter of appointment, the recipient doesn't have to sign it, they essentially agree it by acting on it.
        It doesn't matter if they "never do that" or wouldn't have agreed had they noticed, the letter is what they are agreeing to.

        I'd find some kind of compromise, though.
        The agent can't earn fees for doing nothing - google Foxtons case - and they know that.
        You might find they'll agree a couple of month's extra fees are worth it to walk away.

        Letting agents are a business and have to make a profit for their transactions with you.
        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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          #5
          If it was a AST agreement, you can just let it continue without entering a new agreement .

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