Failure to provide the right to cancel

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

    #16
    Thanks for that.

    You have to read the agreement as a whole, but on the face of it, the Initial Commission fee is not payable. It arises on the commencement of the tenancy and no tenancy has commenced.

    The second clause depends on the definition of a Tenant (is it capitalised differently in the two clauses in the original?). If there's no tenancy, there can't be a tenant, and the agent can't claim to have found one - what they have found is someone who wanted to be a tenant, unless their definition of Tenant includes someone who wants to be a tenant.

    The second clause isn't a termination clause at all - the second sentence doesn't relate to termination and the first envisages the cancellation of the contract if the landlord withdraws their instruction before anything has happened, rather than how it should be terminated having operated for a period.

    So if that's all there is about termination, the agreement is defective as you asserted above.

    I'd say they're seriously hacked off (or nuts) to be suing you on the basis of those terms of the agreement.
    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


      #17
      Originally posted by jpkeates View Post
      Thanks for that.

      You have to read the agreement as a whole, but on the face of it, the Initial Commission fee is not payable. It arises on the commencement of the tenancy and no tenancy has commenced.
      The front page of the contract says,
      Under the Terms and Conditions, you will be liable to pay (Agency Name deleted) commission fees in respect of the initial period of the tenancy AND ALSO in respect of periods after the end of that initial period where the original tenant introduced by XXX remains in occupation, whether under a new agreement or by the initial agreement being extended or the tenant being allowed to hold-over (all these being “Renewals”).

      Of course there is no tenancy period.

      Yes, they are hacked off because I complained about them to the Ombudsman (TPO) - there was no compensation but there were elements that TPO pointed out including the fact that this was not the first time this agency was reminded about providing cancellation rights. They tried to take revenge by serving at my old address thinking that they could enforce default judgement - this is despite, I was explicitly instructing them of my new address to serve - fortunately, I had a redirect so got hold of the service and defended, counterclaimed and applied for a strike-out for defective service.
      I agree, they are nuts too.

      Comment


        #18
        Chances are they'll fail to turn up at the court session and are just doing it for the stress.
        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


          #19
          Originally posted by jpkeates View Post
          Chances are they'll fail to turn up at the court session and are just doing it for the stress.
          I don't think so JPK - this agent is very vindictive and I am 100% sure they will turn up and argue and will even go to appeal if they lose. Very stupid in my view given they are a business and this is something they should easily write off and move on.

          Comment


            #20
            Good luck, they sound like a nightmare (although mostly shooting themselves in the foot).
            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


              #21
              Originally posted by Byrdewear View Post

              DPT57, I appreciate your thoughts but you don't know the full scale of what happened with regards to that tenant so don't jump to conclusions.... I have also seen a tendency from people to assert authority when it's not really necessary.
              We can only go on what you post and what you posted in this case suggests that you take offence easily. I think this is a luxury people in business cannot afford. You don't seem to accept that what you were asking the tenant to do was an imposition and it would be quite reasonable for them to indicate the cost to them of accepting it. I have no idea whether there are lots of other reasons to reject this tenant and if there are perhaps you should have said that. On the face of it, you seemed to reject the tenant based on what to many would consider to be a reasonable, if a little cheeky, response from the tenant. I stand by my remarks.

              Comment

              Latest Activity

              Collapse

              • removal of letting agent
                by yeahremy
                Hi,

                another topic on this but apologies as i cant find my answer on the other ones.
                My letting agent messed up the check in and check out report. Basically they keep telling me to pay the deposit back without really checking the reports.
                2y ago I had new tenants who moved in...
                24-01-2022, 16:12 PM
              • Reply to removal of letting agent
                by yeahremy
                Hi,

                yes regarding the scheme but as soon as I raise a complaint by email, which party should launch the official complaint procedure.
                the estate agent is saying I have not requested the complaint form until now.
                Therefore, question is :when we do raise a complaint, this is...
                26-01-2022, 15:16 PM
              • Reply to New agent not paying landlord
                by DoricPixie
                I'm not sure I understand. Why would the letting agency want 4 months rent free? Is this one of these arrangements where you let the properties to the letting agency and the letting agency then sub-lets the properties to other people?
                24-01-2022, 20:43 PM
              • New agent not paying landlord
                by Cpark
                Folks I wonder if anyone can help me here, I have had the worst few years with my properties, the previous agents filled my properties up with delinquents and refused to pay the full sum, we lost 8 months of declining rents. Then was introduced to a new set of agents who really were impressive and opted...
                24-01-2022, 00:27 AM
              • Reply to removal of letting agent
                by Landyman
                Is this the same agent that you were complaining about in October 2018?

                https://forums.landlordzone.co.uk/fo...managing-agent

                I think the replies you received then are still applicable
                24-01-2022, 18:45 PM
              • No Rent received from Agent
                by racer69
                Hi, all, my tenant left the property and handed the keys in on Dec 6th, that is when I normally get my rent from the agent or a few days after. As no such payment was forthcoming I went to the office after approx a week to see and was told they had been in and taken pictures of the poor condition of...
                21-12-2021, 20:47 PM
              • Reply to No Rent received from Agent
                by Cpark
                Hi can you tell me how you’re proceeding I’m in a very similar situation thank you...
                24-01-2022, 00:32 AM
              • on resident landlord regisitration.
                by SandPit
                Hi,

                I am a non resident landlord. My letting agent has stated they are required to have 5 or more NRLs to register with the HMRC. Is this correct? Is there a fee to the letting agent?
                09-01-2022, 08:30 AM
              • Reply to on resident landlord regisitration.
                by SandPit
                Wanted to post a quick update in case this is useful for anybody else.

                There is no fee for the letting agent to register with HMRC to handle NRLs, all they need to complete the inline form.
                As soon as a letting has registered they need to start collecting tax on behalf of the HMRC....
                22-01-2022, 07:42 AM
              • Forwarding address enabled in CFP Winman
                by ethanlee
                I recently has some dispute with a property management agent about changing my correspondence address. I own a flat A and after a couple of years, I moved out to a house, but I still own that flat. After I moved out, I asked property management agent to change my correspondence address in their system,...
                20-01-2022, 14:38 PM
              Working...
              X