Advice needed on Letting Agent hidden "change of terms"

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    Advice needed on Letting Agent hidden "change of terms"

    Hi, Help needed please for a naive newbie, I have let my late fathers house {through an agent } for the past 3 years - the first tenant was golden -however they left to buy a place of there own. The next tenants have been "somewhat" hit and miss {paying weekly not monthly, missing payments then catching up}.
    I was emailed by the LA the weekend that the tenant has lost there job {hence my missing payments - almost 5 weeks now}. The LA advised the tenant was contacting Housing to claim and they were trying to get a nominal rent from the guarantor. I asked the LA for a call to discuss {im aware of the ceiling for housing benefit payments and the implications of the bedroom tax as property is 3 bedroom}. I had no call back so called today {my first call was fielded to the answer phone - 2nd call I did 141 and they answered!}. I asked several questions about the situation but prominently why ive had no rent when I pay them an extra 10% to cover situations like this. I was told I only had the gold package??? and needed to pay 12% for the platinum to qualify. I had never heard of either term, - I was advised to pay 6% if the tenant was known/reliable etc as I wouldnt have the right to claim or 10% for new tenants unknown or for my peace of mind {so I was always sure of getting my rent}. I have bills of my own having given up work {twin daughters} and now have my bank stopping by DD as I cant cover the costs. The LA have just offered and apology but not much help. They arent members of anything {as far as I can find}. Citizens advice have informed TS and said I need a solicitor {like I can afford that}. Im lost can anyone advise. Please x

    #2
    You need to "take back control".

    Get copies of all paperwork, instruct tenant to pay you direct, then fire agent (that order). Then evict tenant unless they promptly resolve all issues.
    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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    • Right to cancel query
      CandM
      Something that came up in a discussion in our office today;
      1) I understand the ASTs not signed in our office gives tenants 14 days to cancel their agreement. But what happens if the tenancy has already started?
      2) What happens if some tenants sign in office and some sign out of office,...
      14-02-2019, 12:55 PM
    • Reply to Right to cancel query
      jpkeates
      The distance selling regulations (2000) do seem to apply to rental agreements - which is interesting.

      It is possible to prevent the cancellation of an agreement once a service has started to be supplied, as long as that condition is confirmed in writing to a consumer before they sign the...
      17-02-2019, 14:29 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,

      I have received a letter from my letting/management agent, saying that from the 1st of April they are going to increase there percentage by 2%+VAT. They are stating that the reason for this is that their costs have increased over the past years. I have been with them for aprox 18 months...
      12-02-2019, 13:04 PM
    • Reply to Letting/management agent increasing management fees
      jpkeates
      Why not suggest that you will agree with the new fee structure once they have agreed that the tenant's rent will be increased by the corresponding amount and they've started paying it.
      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.
      There's an automatic cooling off period if the agreement is signed on the business premises or done over the phone or by post.

      There are a number of exclusions and it doesn't apply to tenancies (as far as I know)....
      14-02-2019, 16:17 PM
    • Reply to Right to cancel query
      JK0
      Never heard of that before. Is that some bit of law that only applies to letting agents?...
      14-02-2019, 16:01 PM
    • Reply to Letting/management agent increasing management fees
      vpr1
      I agree with what your saying, it would be silly to move just to get get a worse deal elsewhere and ultimately the agents will recoup their money somehow, if they cant raise it by increasing landlord fees then they'll increase introduction fees etc instead.

      As to whether they are a good...
      13-02-2019, 14:04 PM
    • Reply to Letting/management agent increasing management fees
      jpucng62
      Are they a good agent in all other areas? If you would like to stay with them without the fees increase I would first try negotiating with them. They will not want to lose your business and if you go elsewhere you may get worse service & a fee increase too! As mentioned above, it seems likely that...
      13-02-2019, 11:38 AM
    • Reply to Letting/management agent increasing management fees
      vpr1
      It increases the fee to 11%+VAT, as you said thats an increase of 22%, which makes me suspect that its more to do with the banning of fees rather than an increase in their running costs. Interestingly the letter also references the banning of fees coming into force and does suggest that i might like...
      13-02-2019, 09:31 AM
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