I hate my letting agents

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    I hate my letting agents

    Okay that sounds pretty childish but I really do hate them. I'm paying for a fully managed service which they carry out with much negligence and charge me a lot for.

    I am currently waiting for the tpos to get back to me on the complaints I have made but that seems to me taking forever.

    Meanwhile I want to leave my agents because of what I see as breaches of terms and conditions of contracts but they won't let me unless I pay them 6 months fees.

    I don't think I should pay them. They haven't carried out inspections, they got me into trouble with the local council for not having a clear garden and because of covid the now do virtual inspections which in practice means the tenant takes pictures of the house.

    Despite not having a report when I asked for a corresponding reduction in fees they told me that no such reduction would be made.

    Unfortunately they are in Scotland and I live in Spain so I would find it very hard to take legal action against them and they know this.

    Yesterday they sent me revised terms of business which includes lots of changes and has been made unilaterally. I wanted to use it as an excuse to get out of this service. Can I?

    Thanks in advance

    #2
    Talk to specialist solicitors dealing with landlords, agents, in Scotland.

    Also 'phone SaL , free to members, and ask for advice.
    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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      #3
      Can you tell them that you do not agree to the changes and therefore the agreement should be terminated?
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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        #4
        On reflection, write back saying you didn't realize the terms were flexible and state ( STATE ) what your new terms are from now on. Including notice periods of say 2 weeks.
        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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          #5
          Originally posted by islandgirl View Post
          Can you tell them that you do not agree to the changes and therefore the agreement should be terminated?
          Unless the agreement you have with the agent allows them to simply change their terms of business simply decline to accept them.

          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).

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            #6
            I usually refrain from commenting on Scottish cases, but the Consumer Rights Act 2015 extends to Scotland. Under the Act one of the terms to be regarded as unfair is:

            A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied.

            Getting six months' commission for doing no work has to be a disproportionately high sum for services which have not been supplied.

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