Follow on Letting Agreement

[thefirz]

I have a great tenant and the previous Agreement has expired. I have instructed the Agent to draft a follow on Agreement (for a defined fee) but with the rent collection service removed.

During the life of the last Agreement the Agent revised its T&Cs from those I signed up to. These changes have been imposed rather than consulted. Within the changes (in the detail and not flagged as a key change) is a new clause that says on conclusion of a successful tenancy if the landlord enters into a private agreement with the same tenant he is liable for one month’s rent plus vat.

This clause is now being used against me for the removal of the rent collection service. I have argued that paying the Agent to set up the new Agreement and continuing to manage the Deposit means that this is not a private Agreement so this new clause (that I did not sign up to) does not apply.

The Agent will not budge

Is anyone else suffering the same intransigence from their Agent?

[theartfullodger]

Did the original agreement you received (hopefully signed?) permit the agent to change terms at will??

Does it prevent YOU changing terms at will?? If not, change their change back.

To be a lettings agent in England requires no qualifications, no training, no criminal records check: Don't it show!!

Come on England, catch up!

[jpkeates]

The agent can't impose a change in terms, you have to agree to them.
It's possible that you have agreed to changes in the original agreement you signed, but that's not usually enforceable if it comes to a crunch.

How do you intend to pay the agent for what they're doing?

[Hudson01]

Try to dump this agent asap.

[ash72]

Either replace the agent if you live far away from the property, or self manage and cut out any agent.