Lettings Agent increasing the rent without asking the landlord

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    Lettings Agent increasing the rent without asking the landlord

    I'm an independent landlord and have a happy tenant coming to the end of a 12 month rental agreement. The property was advertised and let with the help of a lettings agent on a let only agreement (not managed). I have found out from the tenant that he received a letter from the estate agency a month ago stating that should he wish to sign on for another 12 months, the monthly rent would be increased by 4%. This was sent out without any consultation with me, the landlord. I've checked my contract with the estate agent to to see whether any rent increases were written into it but there was nothing there. I have subsequently liaised with the tenant to agree to next years rent, updating the estate agent on the agreed figure.

    I would like to know if anyone else has experienced this sort of behaviour by lettings agents and what they did about it, if anything!

    It also states in my contract with the lettings agent that they will still demand a percentage of the rental payment after the end of the fixed term of the tenancy, which I think is normal, right? This is less than the amount they took over the first 12 months. I am planning to just let the tenancy roll over without signing a new contract.

    #2
    Fire agent

    Agent works for you. You tell them what happens.
    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...

    Comment


      #3
      Just let the tenancy go periodic and if and when you want to do a rent increase just agree it with the tenant directly or serve them with a s13 notice.

      Comment


        #4
        Originally posted by Jimmy Bean View Post
        I would like to know if anyone else has experienced this sort of behaviour by lettings agents
        I wonder if we may be going to see more of this?

        Although it isn't stated here, was the agent going to pass on the rent increase to the LL? Or keep it and continue not telling the landlord?

        From the end of this month agents can't charge tenants any admin fees, so maybe the more underhand ones will be tempted to just put the rent up without telling LL and keep the extra for themselves?

        How would a LL even know unless/until they talked to their tenant?

        Comment


          #5
          Be thankful I guess that they didn't kick them out, seeking further letting fees. https://forums.landlordzone.co.uk/fo...ed-out-tenants

          Comment


            #6
            Thankfully I am in regular contact with the tenant and take payment directly from him rather than via the agent, so I would have found out about it soon enough.

            When I questioned the agent on the increase they said "oh, I presumed that instruction came from yourself". That just sounds like an easy thing for them to say!

            I can't fire an agent can I?

            Comment


              #7
              I assume the agent take a cut either from the rent, or if there were a renewal?

              Fire them for committing fraud.
              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.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                Originally posted by Jimmy Bean View Post
                It also states in my contract with the lettings agent that they will still demand a percentage of the rental payment after the end of the fixed term of the tenancy, which I think is normal, right? This is less than the amount they took over the first 12 months.
                If they're not performing any service, it's probably standard, but probably also unfair.

                Google "foxtons case" for more information.

                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).

                Comment


                  #9
                  They sound like sharks, i use the same kind of service from my agents and i then just let the AST go periodic, i tell the tenants this at the start of the lease and that i will not need another new contract signed, there will be no fees etc...... most are happy with this and sound surprised as in the past most have been ripped off by most agents.

                  Comment


                    #10
                    Originally posted by Jimmy Bean View Post
                    It also states in my contract with the lettings agent that they will still demand a percentage of the rental payment after the end of the fixed term of the tenancy, which I think is normal, right?
                    Not in any tenant find that I have agreed to.
                    I make it clear to the agent that I want a one-off fee; my tenants generally stay for 3+ years.
                    I also use my own tenancy agreement so that agent cannot sneak in any clauses beneficial to them.

                    Comment


                      #11
                      You CAN sack the Agent, but it will prob take 3 mo. Read your Agent's Terms of Business Contract you agreed for severance payment.

                      Comment

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