Stuck in agent contract with same tenant

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

    Stuck in agent contract with same tenant

    Hi I am a new landlord and have found this forum online an I hope you may be able to help and answer my question below.

    I have a tenant who has written to me privately asking if I will deal with him directly rather than him using the agent I have, as he says the agent is unhelpful, rude and does not pass on queries from him to me etc.

    My agreement with my letting agent has a clause that says the agreement with the agent cannot be cancelled until the tenant leaves the property. So this implies that I cannot get out of the contract with my agent, but I am finding that nearly everything I have done is with me being pro active and the agents I do know haven't passed on some of the tenants queries as when I have been to the tenants property he has told me this.

    I thought there would be a break clause of some sort to cancel the agreement but I cannot see one and so it seems I have to stay with the agent regardless of the service they provide to me or the tenant.

    I am thinking of asking the tenant to provide proof i.e emails etc. to the agent to confirm that they are not helping him and then take it up with the agent.

    So in summary does anyone know that despite my contract saying I am stuck with this agent until the tenant moves out, can I at some stage keep the tenant and let the agent go. If the agent was keeping my tenant happy (which also keeps me happy) I wouldn't need to consider this.

    Any help would be appreciated.

    Thanks

    #2
    A contract with no mechanism to end it is probably not enforceable, but that's not a simple black and white argument.

    Personally, I'd do two things.
    Consider if you believe the tenant - the agent may simply be doing their job, or what they think is their job - the tenant's queries may not have got the desired result, but it may have been the correct one.
    Then, if you do want to end the relationship with the agent...

    Contact the agent and discuss the tenant's complaints and tell them that you want to give them notice (say three months, and you'll pay the fees now and end the agreement - you're negotiating so you may end up paying more).
    The biggest issues are the deposit (which the agent probably has) and the tenancy agreement, which may contain references to the agent (as having some responsibility or where the rent should be paid).

    Extricating yourself from a contract with an intransigent agent can be a difficult process (you signed the contract in the first place, and there's nothing in it for the agent to end 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


      #3
      As per jpkeates advice, talk to the agents and get their side of the story.

      Decide who is in the wrong.
      If the agents are in the wrong and are not passing on complaints that they should had asked you about, consulted you on, then it could be the agents are in breach of contract, by not supplying services they promised.
      If that is the case, you can end the agents involvement due to breach of contract.

      It works both ways. They promised to give you certain services, even if undocumented, such as to rectify small faults without your agreement if under, say
      £ 200. or to evaluate a problem knowing any sane landlord would not entertain silly requests, or malicious requests, and know they can answer on your behalf to reject some claims.

      So get ALL the facts from both parties ( tenant first ) then decide if the agents were in error, therefore in breach of contract.

      Comment


        #4
        You should read: Competition & Market Authority guidance for Lettings Professionals on Consumer Protection Law

        Then see what the Agent done wrong or which contractual clauses are abusive. 1st: rise a complaint with the Agent. 2nd: check if they subscribed to any Property Ombudsmen and rise a complaint with them. Depending on Ombudsmen findings take legal advice if you consider taking further to the courts.

        All the best

        Comment

        Latest Activity

        Collapse

        • Reply to Landlord has changed Letting agency
          by doobrey
          'Need to' because you want to, or because they are asking you to?

          A new tenancy is different from an ID check and some data gathering (which seem fairly harmless and may be well-intentioned). A new tenancy is not necessary. Only sign a new agreement if you want one....
          08-12-2021, 10:24 AM
        • Reply to Landlord has changed Letting agency
          by jpkeates
          Hi, again, welcome.

          Just tell the agency that you do not wish to sign a new lease thank you very much, nor do you wish to complete an application form for your home.

          My guess is that the application form is part of a rental guarantee insurance that the agent have offered the...
          07-12-2021, 18:02 PM
        • Landlord has changed Letting agency
          by Yellow40
          Hi Looking for some help as for some reason this has my Anxiety through the roof, I have lived in the same private landlord in the same property for 7 years, They have now decided to go with a lettings agency who have contacted me today as i need to sign a new lease and complete an application form...
          07-12-2021, 14:50 PM
        • Reply to Landlord has changed Letting agency
          by Yellow40
          Thank you so much for your reply, It seem odd to me, Appreciate your time....
          07-12-2021, 16:31 PM
        • Reply to Landlord has changed Letting agency
          by theartfullodger
          That the agent or indeed landlord changes does not mean you need to sign or otherwise agree to a new tenancy agreement. Nor any changes to the tenancy agreement. Nor any application form, nor supply ID. (PS You might ask agent first for proof of ID: That'll surprise them, but clearly they think it's...
          07-12-2021, 16:20 PM
        • Reply to Landlord has changed Letting agency
          by doobrey
          There are plenty of valid reasons why the landlord may have changed agent. I have done it myself. The outgoing agent could be closing down, putting their charges up. Or they may just have been judged not to be very good at their job.

          The new agent is right (and obliged) to check that you...
          07-12-2021, 16:09 PM
        • Letting Agent asking for commission of I renew tenants privately
          by meyou5ick
          Dear all,

          I was letting my place to tenants that were sourced by this estate agent. The estate agent however misrepresented myself and misled the tenants about what's included in the monthly rental cost. The tenant had complained to the agent however, I had to pay for 6 months of services...
          29-11-2021, 16:04 PM
        • Reply to Letting Agent asking for commission of I renew tenants privately
          by jpkeates
          It depends on the terms of your agreement with them.
          My agreement with my letting agent wouldn't allow them to do that in anticipation of me owing them money, only if I actually owe them money.
          05-12-2021, 10:49 AM
        • Reply to Letting Agent asking for commission of I renew tenants privately
          by meyou5ick
          They have now withheld my rental payment (last one of this contract) because they think I won't pay them once I go private contract from next month. They surely cannot hold my rent just because they think I'll not pay after the end of tenancy if I plan to keep the tenants?...
          04-12-2021, 17:52 PM
        • Letting agent merged with another
          by Aly
          Hi all , I have been with my letting agent and had the same tenant for 9 years , this week I was notified that my old letting agent had merged basically sold out to a new letting agent , they gave no notice and no option to opt out from them , I said I didn't want to merge with them as we were going...
          03-12-2021, 21:02 PM
        Working...
        X