Serving notice to a letting agent

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    Serving notice to a letting agent

    Hi everyone,

    I am new here but would love some advice. I have been with a letting agent for 2 years with a fully managed service as I live abroad. Four months ago, the tenants vacated the property and I instructed the agent to market the property again. However, for four months, they have done very few viewings and I have received no offer whatsover and very little feedback on the level of interest. I had to insist regularly for updates, otherwise the agent would not contact me even once per month. I found this level of service appalling. The terms of business seems to indicate its a sole agency agreement, so my question is how do get out of it? and is it likely that I need to pay some fees or give a long notice period? None of this is well outlined in the terms of business, at least not for this type of case and I don´t know how I can proceed.

    Thanks in advance for any advice.

    #2
    What do the terms and conditions say about terminating the agreement?

    Comment


      #3
      The terms of your agreement with the agent will, hopefully, include how to end it, there's no generic answer, as far as I know.

      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


        #4
        The terms only give two options of notice. Either 3 months (with the assumption there is a tenant at the property already) or the typical 2 weeks after the initial signing. Neither really applies in this case, as I don´t have a tenant and the initial signing didn´t really happen. They did send me the terms of business back in June, but I actually didn´t sign this. They sent me the terms and I confirmed via email that they can start advertising the property but did not sign the terms of business.

        Comment


          #5
          If they sent you their terms and you commenced transacting with them, I don't think it matters whether you signed anything, you agreed to the terms by your actions.

          I'd give them three month's notice - the other option isn't possible.
          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


            #6
            If there is no tenant in place then you may just be able to end the contract with minimal notice, since they are presumably receiving no funds from you at the moment.

            Comment


              #7
              Thank you, I will attempt to give them 2 weeks notice. 3 months feels excessive when they haven´t found a tenant for me in 4 months! Surely no agent expects to have a search period of 7 months with no results??

              Comment


                #8
                If they have not found a tenant and let the property then you should be able to just walk away at this point with no clauses applicable but please do check your agreement. You should only be bound to termination clauses once a tenant has been found.

                But, please, if there is not tenant to date, please do not fall for the "oh we have a tenant interested, they are going to apply today", this is just a time buying tactic.

                Sounds like you need an agent with more clarity and openness with information, especially with you being abroad.

                Even one month is a lot. In the current market there is huge demand as long as the property is in good condition and marketed properly you should have no problems.

                Many agents are using the old COVID excuse at the minuet, but in reality they are just putting viewings off and saying "due to the current situation, we are not doing in person viewings", I have heard this so many times. They just want people to take them off pictures and if you are lucky, they have done a virtual tour.

                Happy to chat if you ever need.
                James Lindsey

                Liverpool

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