Leaving Agent

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    Leaving Agent

    We have been with our letting agent since 2013 and are on our 2nd tenant. We have had a few incidents in the past. They don't do anything for the monthly fee and I even have to tell them to inspect the property .
    Last Thursday we informed the agent that the roof was leaking. The tenant's bed linen was all wet. The agent contacted a roofer to get a quote to replace 4 tiles. However she didn't action the work to be done. In her words "she just forgot"
    With the heavy rain last night and today, the leak has got worse and the tenant awoke to a wet bedding and as you can imagine the ceiling is all stained.
    The agent has been down to the property today and will refund the cost of bedding from the rent.
    In passing while I was talking to the agent earlier she mentioned that the agency was in the process of being sold.

    Can we leave the agent?

    #2
    That is determined by the contract, and you have provided no details of that.

    Incidentally the question is more often asked by tenants, substituting can I cut the tenancy short.

    Comment


      #3
      Haven't got a contract and never had one

      Comment


        #4
        So you have never paid him or agreed to pay him? I imagine you do have a contract, and I can't see a reputable agent only using a verbal contract.

        However, if it really is only a verbal contract (and that had no cancellation penalties), there is nothing stopping your leaving them.

        Comment


          #5
          Whatever is in your contract, written or verbal, i presume is a contract for them also to deal with the maintenance of the property. If that is so, the actions by the agent for causing you appreciably more losses than would otherwise have occurred had they carried out their duties with due diligence, is probably enough to treat the breach of contract as a repudiatory breach. I. e, you can end the contract without penalty because they've screwed up. Make sure you advise the tenant to nownpay you direct, and get all the monies owing from the agent before telling them. Very doubtful they will pursue you for breach of contract, and very very doubtful they would be successful. What they should be doing is apologising profusely, paying you for the additional damage they caused, and refunding their fee for the month. Hope this helps.

          Comment


            #6
            Definitely no contract, was just verbal (and this is a nationwide chain!)

            Thanks Jon66....had a small apology on the phone but nothing since. Will draft a letter

            Comment

            Latest Activity

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            • Right to cancel query
              CandM
              Something that came up in a discussion in our office today;
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              14-02-2019, 12:55 PM
            • Reply to Right to cancel query
              CandM
              jpkeates,

              Thank you - that's makes sense
              15-02-2019, 11:21 AM
            • Letting/management agent increasing management fees
              vpr1
              Hi,

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              12-02-2019, 13:04 PM
            • Reply to Letting/management agent increasing management fees
              jpkeates
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              14-02-2019, 16:19 PM
            • Reply to Right to cancel query
              jpkeates
              It's a general legal rule that applies to most service contracts.
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              14-02-2019, 16:17 PM
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              JK0
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              vpr1
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            • Reply to Letting/management agent increasing management fees
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              13-02-2019, 11:38 AM
            • Reply to Letting/management agent increasing management fees
              vpr1
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