I no longer want to rent through my agent

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  • I no longer want to rent through my agent

    I have had good tenants for 2 years, they pay and look after my home. I am abroad fo 5 years.They are having another baby and will loose one income so genuine change of circumstances. I have agreed to reduce rent by a few hundred but can only do this by cuttting out agent. I have a good and reliable maintenance man who I use for repairs. I dont use the agent as their quotes for repairs are always ridiculously expensive. I am quite anxious about cutting out the agent at the end of this letting term and don't want any problems. Any advice would be really appeciated

  • #2
    You will have to read the terms you have with the agent. It is not unusual for such agreements to tie you into paying them for as long as the tenant is resident - even if you dis-instruct them.

    If you cut out the agent, will the tenant still have an address in England/Wales where they can serve legal documents on you? Without that, rent will not be payable.

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    • #3
      Originally posted by Snorkerz View Post
      You will have to read the terms you have with the agent. It is not unusual for such agreements to tie you into paying them for as long as the tenant is resident - even if you dis-instruct them.
      I very much doubt this will stand up if management of the property is part of the 'deal'!
      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.

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      • #4
        Originally posted by Paul_f View Post
        I very much doubt this will stand up if management of the property is part of the 'deal'!
        Perhaps I should have said that dis-instructing them wold have no effect.

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        • #5
          Originally posted by Snorkerz View Post
          Perhaps I should have said that dis-instructing them would have no effect.
          I think it would be most effective as you cannot tie-in anyone indefinitely into a contract that has no "end" date. It must have a "reasonable" notice period by which either party can end it, and I know the OFT has in the past considered anything longer than 3 months tie-in as unenforceable.
          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.

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          • #6
            Originally posted by Paul_f View Post
            and I know the OFT has in the past considered anything longer than 3 months tie-in as unenforceable.
            So how do we get away with 12 month ASTs?

            Comment


            • #7
              Originally posted by Snorkerz View Post
              So how do we get away with 12 month ASTs?
              I refer to an agent/landlord contract cancellation terms as an indefinite tie-in is unenforceable. A tenancy agreement is completely different as it has a definite 'end' date from the outset.
              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.

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