Agents Terms and Conditions

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    Agents Terms and Conditions

    Hello everyone,

    In 2008, I got an offer from an agent for letting for 1,600 per month. I signed their terms and conditions for Lettings Only for this tenancy. Unfortunately, this tenancy fell through.

    In 2009 the same agent found another tenant, new tenancy at £1,300 per month. Initially I wanted Full management which was at 13%.I signed their Terms and Agreement for Full Management. But because they wanted 2 years commissions in advance, they have agreed to revert it to Let Only at 9% agreed by email. I DID NOT SIGN A TERMS AND CONDITIONS FOR LETTINGS ONLY on this occassion.

    Now, end of tenancy, they want me to pay renewal fee for Let Only as the tenants are continuing. Do they have the right to do this even if I didnt sign Let Only Terms and Agreement with them for this tenancy?

    If they dont have the right, can I sue them for demanding money out of nowhere for threatening me with Solicitors Letters?

    Thanks in advance

    #2
    1) No, you can't sue them for the threatening letters - you can only sue for actual financial loss.

    2) You can either accept the revised terms that they are offering you, or honour your side of the agreement you signed in 2009, which I suspect will include similar terms regarding 'follow on' tenancies.

    Comment


      #3
      hello

      They didnt send me anything to sign for the revised terms. They just agreed to make it Lettings Only at 9% by email and that was basically it. They have agreed not to do Full Management of 13% by email as well.

      My question is, can the 2008 Lettings Only Agreement for the previous tenancy be applicable for this new tenancy?

      Comment


        #4
        Forget 2008 for now (we may come back to it later)

        What does the 2009 agreement that you signed state about fee beyond the end of the fixed term? As far as I see, that is still the valid contract, with the amendments you mention.

        Comment


          #5
          This is the thing:

          1) They have a different sets of contract for Lettings Only, Full Management, and Rent Collection. For the Full Management Contract, it states that they charge 13% for payable for every year of them managing the flat. Which I think is normal and fair.

          2) As I was looking at my file, I actually didnt sign each and every page of the contract either full Management or General Terms and Conditions. I only filled up the info such as address of property, etc etc, and signed the Checklist for Full Management which states that I have read and understood the 23 pages Terms of Business.

          The Full Management Contract is almost void as it states all their obligations such as making sure repairs are done, rent collection, etc etc. It is a comprehensive list of the works and obligations of tenant, agent, and me. Which makes everything invalid since the agent has nothing to do with it anymore.

          Comment


            #6
            Originally posted by Snorkerz View Post
            What does the 2009 agreement that you signed state about fee beyond the end of the fixed term?
            The fact that you did not sign every page is unlikely to be relevant. The fact that it contains terms irrelevant to yor situation is no reason for it to be invalid. You signed it, it has not been cancelled/surrendered, it seems to be the relevant one to me.

            However, why don't you ask the agent to show you where you agreed to these charges. If they can't show you, it is no guarantee that you would not be found liable in court (oral contract) but the question may be enough to discourage them from pursuing this further.

            Comment


              #7
              Hi Snorkerz,

              Thats exactly what my solicitor asked them to do. Show where I signed agreeing to these charges for this tenancy.
              Thank you for your help again

              Comment

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