How to terminate Letting Agency Agreement?

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    How to terminate Letting Agency Agreement?

    What are the rules on going around agents? We have a situation where we have been unimpressed and taken to boiling point by some of the practices by a certain agent beginning with the letter 'F' since we instructed them on our property. Won't go into specifics as we may have to sue them.

    We have direct contact with a prospective tenant, but they 'found' the property through the agent. Nothing is signed by either ourselves or the prospective tenant, and we did not sign a terms of business agreement when we instructed the agent. I would much like to propose to the tenant the possibility of taking this agent out of the equation.

    #2
    If you have not signed any terms and conditions with the "F" company, then they will have an extremely hard time trying to bind you to them!!

    Unless of course it's the "F" company that were on that TV programme last year who were filmed faking documents??!! (What a bunch of t**ts). (Do i have to include allegedly if it was filmed I wonder?)

    What level of management service did you originally instruct them to undertake??
    Last edited by samantha1609; 08-11-2006, 13:33 PM. Reason: missed a bit!!

    Comment


      #3
      There is no legal requirement to furnish a landlord with any terms of business in writing, and an oral contract can exist. If the agents (is it's Foxtons we're talking about here?) do not beloing to one of the three main regulatory bodies (where is is compulsory to have a written terms of business) then it's up to them if you are given a written TOB. If your agent has sent you a TOB then it could be binding if you haven't refuted it. If the tenant was introduced by them then you could be liable for their fee, but in the apparent absence of anything concrete it's one person's word against another.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Lettings agency not really up to scratch

        We had a few minor problems with our tenant and decided we would get our flat properly managed by a "professional" firm. Whenever I try and get them to do anything (like making sure the tenant is keeping the garden neat and tidy, as per the contract, or try to make arrangements to visit the flat for repairs) all i get is "we emailed the tenant but have not heard anything" or just nothing at all. Often weeks will go by and unless I hassle the agency things just drift. I asked them to sort out the rent increase a month ago but have heard nothing. They make a big deal out of being pro-active but seem to do little other than eat into my profits.

        I'm thinking of chucking it in with them as it less hassle just to go back to dealing with the tenant direct.

        Anyone got any advice?

        Thanks!

        Comment


          #5
          Start with the Agency Agreement. What does it demand of them? Either:
          a. it requires them to do things that they aren't doing; or
          b. it does not require them to do things that you now want them to do.

          If 'a', they are in breach. You should be able to threaten termination if they don't fall into line at once.
          If 'b', tough. You shouldn't have signed an Agreement which you knew was inadequate for your needs.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Thanks jeffrey. The contract clearly states that they will manage the property pro actively and leave nothing incomplete. I would say they are in breach.

            Comment


              #7
              Yes! But what does manage it pro-actively mean? A good TOB actually specfies what the agent will do for their monthly management fee. Crap agents use general terms that are next to useless.
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #8
                How to terminate Letting Agency

                Hi, we are renting our house through an estate agent, in 3 months time our current tenants lease will come to an end and we have had some interest to rent the property privately.

                My question is how much notice do we have to give the estate agents to say that we won't be needing them anymore?

                Sorry if this is a dumb question but any help would be appreciated.

                Jo

                Comment


                  #9
                  What does your agreement with the Estate Agent say??
                  Mrs Jones
                  I am not an expert - my posts are my opinion and should not be taken as fact!!

                  Comment


                    #10
                    We were never given a copy of this,the original is with the estate agents and so I don't remember.

                    Jo

                    Comment


                      #11
                      Originally posted by Jo2050 View Post
                      We were never given a copy of this,the original is with the estate agents and so I don't remember.

                      Jo
                      So how can you (let alone we) answer the question? Ask Agent for a copy!
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        if your current tenants AST is coming to end and they are vacating their management ends on the day the tenancy ceases so just tell the agent you dont want to re-let the property - simple!

                        Comment


                          #13
                          Originally posted by Poppy35 View Post
                          if your current tenants AST is coming to end and they are vacating their management ends on the day the tenancy ceases so just tell the agent you dont want to re-let the property - simple!
                          Nothing is ever simple when dealing with Agent who seeks further commission...
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            From memory, I think a contract I had with an agent said that I was not allowed to let the property to the same tenant within 6 months of the contract expiring.
                            Of course, they may not find out about this

                            Cheers
                            Lee

                            Comment


                              #15
                              Originally posted by Southcoast Landlord View Post
                              From memory, I think a contract I had with an agent said that I was not allowed to let the property to the same tenant within 6 months of the contract expiring.
                              Of course, they may not find out about this.
                              ...or they might, and then they'll sue you. Dishonesty, on your part or theirs, has nothing to commend it.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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