Terminating contract with letting agent

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

    #16
    https://www.legislation.gov.uk/ukpga/1988/50/schedule/2

    PI = prescribed information

    The agent works for you, but doesn't appear to realise. As I said terminate the contract, he's being obstructive and ridiculous.

    Comment


      #17
      Originally posted by Adam78 View Post
      The agent has also never shared the contract he's signed with the tenant and says he's unable to share this with me under data protection. Is this normal practice that agents don't share the contract signed by the tenant. Apparently he's been getting the tenant to sign 6 month renewal contracts - information to which I have no knowledge. He's also showing rental payments collected to me as £10 less than what he's actually collected from the tenant and what he's written on the tenants receipt.

      Please note i'm taking ownership of this as my wife was previously managing this property with the agent and she's has no idea what she's discussed/agreed with him - basically she has no financial acumen!
      I would be inclined to ask the tenant that whenever they are asked to sign anything by the letting agent they let you have a look at it first.

      Comment


        #18
        Who is named as Landlord on the tenancy agreement you've posted.
        The name's redacted but it should be the property owner, not the agent.

        That letting agent agreement is amongst the most useless I have seen.
        Even describing the property as the Premise as if premesis were the plural.

        At this point, I would involve a solicitor to put the agent back in his box.
        Otherwise I would tell the tenant to pay rent to you direct (and you should pay the agent the commission that they have previously been deducting).
        If the tenant gyps, tell them the alternative is that you will bring the tenancy to an end to end the mess, not their fault, but they need to be part of the solution.
        Give the agent two month's notice on the basis that their performance has fallen so far below any kind of normal level of service that they are simply not doing their job. And that you reserve the right to claim from them compensation for any loss that their lack of competence causes, and specifically mention the deposit as an example.

        It should be possible to check if the deposit is protected or not on the scheme's website.
        They offer the search function as part of what they do.
        If you can't find the property is protected it's not been protected properly.

        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
          Who is named as Landlord on the tenancy agreement you've posted.
          The name's redacted but it should be the property owner, not the agent.

          That letting agent agreement is amongst the most useless I have seen.
          Even describing the property as the Premise as if premesis were the plural.

          At this point, I would involve a solicitor to put the agent back in his box.
          Otherwise I would tell the tenant to pay rent to you direct (and you should pay the agent the commission that they have previously been deducting).
          If the tenant gyps, tell them the alternative is that you will bring the tenancy to an end to end the mess, not their fault, but they need to be part of the solution.
          Give the agent two month's notice on the basis that their performance has fallen so far below any kind of normal level of service that they are simply not doing their job. And that you reserve the right to claim from them compensation for any loss that their lack of competence causes, and specifically mention the deposit as an example.

          It should be possible to check if the deposit is protected or not on the scheme's website.
          They offer the search function as part of what they do.
          If you can't find the property is protected it's not been protected properly.
          The name on the 2018 tenancy which is redacted is the landlords as it should be. But he hasn't' shared any other tenancy agreement with us.

          Is the agent allowed to renew tenancies without seeking permission from the landlord first?

          I want to get rid of both agent and tenant as both appear to be in cahoots with each other. Attached is the rent increase notice which tenant is refusing to sign and accept. If he doesn't sign and accept is the notice of increase still enforceable to force him into arears and then serve section 8 to kick him out?

          https://landlordbucket.s3.eu-west-2....e+Oct+2021.doc

          Comment


            #20
            Originally posted by Adam78 View Post
            The name on the 2018 tenancy which is redacted is the landlords as it should be. But he hasn't' shared any other tenancy agreement with us.
            In which case, you're the landlord, so you're a) the one at risk if the deposit protection is wrong and b) entitled to see the contract documents where you are a party to the contract.
            The agent cannot conceal the agreements that he makes on your behalf - the relationship is principle (you) and agent (them) and they owe you a fiduciary duty to act in your interests and not their own (if there's any conflict).
            This company is taking the pi55.

            Is the agent allowed to renew tenancies without seeking permission from the landlord first?
            Probably, it comes down to exactly what you agreed, but that's a normal activity for a letting agent.

            It wouldn't be the same response, if one of the subsequent agreements had someone else as the landlord, though.
            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 jpkeates View Post

              "Is the agent allowed to renew tenancies without seeking permission from the landlord first?"

              Probably, it comes down to exactly what you agreed, but that's a normal activity for a letting agent.
              The only thing agreed was the management agreement which I've already posted on here (refer to links in earlier post for details of agreement) which was for a period of 3 years commencing October 2016.

              Is that agreement still valid as it been over 3 years?

              The only thing I can find relating to entering into contracts is point 2(B) on the agreement which states:

              "To enter into contract whenever required to grant or renew tenancies in respect of the premises at such a rent as may seem reasonable"

              Comment


                #22
                Originally posted by Adam78 View Post
                Is that agreement still valid as it been over 3 years?
                The agreement continues while there is a tenant placed by the agent in the property.
                You could have a bit of a debate about which term takes priority or whether the clause that means the agreement can't be terminated while there's a tenant in situ is fair or not.

                But renewing tenancy agreements is a normal activity for a letting agent - it's hard to imagine what else you thought you were signing them up to do but let your property and do the things that are necessary to do that.

                I don't really understand why this hasn't been brought to a head by now.
                I'd have been in his office explaining that if he didn't show me the tenancy agreement things would be difficult.
                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


                  #23
                  Originally posted by jpkeates View Post

                  I don't really understand why this hasn't been brought to a head by now.
                  I'd have been in his office explaining that if he didn't show me the tenancy agreement things would be difficult.
                  Yep, sack them . . .

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X