Letting Agent Termination Without a Contract

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Letting Agent Termination Without a Contract

    Hello all, I have searched the forums for the answer to my question but never quite seem to find the answer. Let me set the scene for you:

    My dear old mum rents our family home to a lovely family that have rented the property for about 5 years now. In 2016 the ATS expired and we agreed to go forward on a periodic tenancy to avoid paying more letting fees. The letting agent takes about 3-4% of the rent every month for the management of the property even though the tenant pays my mum directly and will contact her directly if there is ever an issue. There is no involvement from the agent whatsoever except when a gas certificate might expire so they will send a reminder. The letting agent has recently been sold to another letting agent and I told my mum to request a copy of her contract to see the termination clause and if there was a chance to discontinue the contract if the company were ever sold. We have heard back from the letting agent today that they have no contract on file between them and my mum who also doesn't have a record, so we assume that one was never signed. As no contract was ever signed, how can we go about cancelling the contract and taking over the tenancy and stop paying the letting fees? To make things slightly sensitive, the letting agents are my mums old neighbours so she wants this to be handled amicably, even though they have sold now they may still work for the company in some capacity, but also wants to be firm and assured in her approach. What are your guys thoughts on ending a letting agent contract where no contract was ever signed and have you had experience in this?

    I really appreciate your input, thank you

    Alex

    #2
    There's a contract of some kind because there's clearly some kind of arrangement and fees are being paid for that arrangement, but it's verbal. It's most likely bound by the terms and conditions that were contemporary with whatever it was that began the arrangement - which was probably finding and checking the tenant.

    Most letting agent terms and conditions are pretty onerous, in that their business model is based on doing a small amount of work every now and again while maintaining a relatively small income stream as long as possible.

    I'd start by writing (old fashioned letter in an envelope) thanking the agent for their service to date and terminating the contract giving three month's notice.
    And then see what happens (include an email address so you're not actually communicating by letter thereafter).

    Hopefully, the letting agent will simply move on (saving you the trouble of googling "Foxtons case").
    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

    Latest Activity

    Collapse

    • Do i have an exit?
      by Jacksy
      Hi all
      Need some advice and clarification please.

      I signed up to 36 month tenancy last year.

      I got an email from the agent in January 2020 asking if i wish to resign for 6 months or 12 months.

      However, i wish to leave the premises due to myself and my partner...
      13-02-2020, 13:16 PM
    • Reply to Do i have an exit?
      by Sydaton
      Looks to me as though you read it correctly and you have no further liability after leaving after you give 2 months notice
      14-02-2020, 06:48 AM
    • Reply to Do i have an exit?
      by Jacksy
      My main concern was they said we had to stay the full 36 months. Then they emailed asking us to sign on again for 6 or 12 months.

      Then i saw the clause and i thought hang on that means we can give two month written notice.. i just wasn't sure if i was reading it correctly.
      13-02-2020, 13:57 PM
    • Reply to Do i have an exit?
      by AndrewDod
      (Last message flagged as spam -- So here is a replicate with some added text sdfsdf sfsd af sdaf sdaf sdf sdf sd fsdafsdafsdafsadfsdafsadf)

      Sounds like a reasonably valid break clause to me. Assuming your partner is a named tenant you BOTH need to give the notice (unlike a periodic tenancy)....
      13-02-2020, 13:52 PM
    • Dodgy agency, complications leaving. advice needed!
      by 787greenliner
      Hi there world of landlord zone...

      Im in need of some desperate help!


      long story short I'm a landlord I currently let two properties to long terms tenants, both using the same agency.

      However in the last year the agency has given me countless headaches...
      28-01-2020, 17:51 PM
    • Reply to Dodgy agency, complications leaving. advice needed!
      by DPT57
      I doubt it would be considered an unfair term, its pretty standard practice for agents to charge a fee if their client wants to end the contract early. However, I agree that where there has been incompetence this should be challenged by a landlord....
      13-02-2020, 12:17 PM
    • Reply to Dodgy agency, complications leaving. advice needed!
      by doobrey
      Exit fee might be deemed an unfair term?

      787greenliner, my personal view is that if the agent has been demonstrably ineffective / negligent you should be able to end your agreement without any exit charges and that is probably what I would be pushing for in that case.

      You need...
      12-02-2020, 23:13 PM
    • Reply to Letting agents want application form filled before checks
      by AndrewDod
      Per your other thread it would be far better if your wealthy father was names as a co-tenant. But then you would not be able to get Housing "benefit"....
      06-02-2020, 20:26 PM
    • Letting agents want application form filled before checks
      by Chaseleyreanne
      I have asked to be put forward for a property with a letting agents.
      They have given me my form to fill out which I did. I’ve now had an email asking for my guarantor form to also be filled in.

      i explained that my guarantor won’t fill it in until the landlord agrees to carry out...
      06-02-2020, 11:15 AM
    • Reply to Letting agents want application form filled before checks
      by jpkeates
      If you need a guarantor, you're already on the back foot as far as some agents and landlords are concerned.
      For instance, I don't allow any tenants who would need a guarantee - because guarantees are very hard to enforce, not because of the tenants.

      The landlord / agent has to pay...
      06-02-2020, 14:04 PM
    Working...
    X