No win no fee?

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    No win no fee?

    Hello.
    Hoping somebody can give me some advise as have no idea where I stand.
    We appointed a property manager to look after our property as we were unable to sell and moving away from the area for work.
    Recently some issues with the tenancy have come to light which the property manager did not make us aware of (i will probably bring these up in another thread to avoid confusion) but consequently we decided we would try and put the house back on the market as we could do without the worry of the house.
    We thought it was polite to notify the tenants of our intentions to sell and make them aware some people may wish to view (although unlikely in todays market.)The tenants went crying to the agent and have not repsonded to us.
    ...Anyway further to previous enlightenments it then emerged that the manager had given the tenants a 1 year agreement... we only could have and would have agreed a 6month. We have communicated this verbally but don't have anything in writing to say so.
    Can the property manager get away with doing that without our consent?
    They have also advised the tenants that they do not need to let anybody in to view the house until the last 2 months on their agreement!!!!! including the estate agents who need to write up the details... Is the agent supposed to act in our interests or the tenants?
    Feeling very lost with it all.

    #2
    What the agent could, or could not do, should have been clearly spelled out in the agreement you had with them. The law of agency is quite complex, but essentially they act in your place.

    With regard to viewings, please read the sticky 'a landlords right of access'. Basically, you have given up most ofyour rights to the property in exchange for rent - that is what a tenancy is. If the tenancy agreement says they must allow viewings in the last 2 months, then they should allow it, but you may need a court order to get the tenants to agree. And, of course, the tenants do not have to leave at the end of the 12 month contract.

    Comment


      #3
      If the agents agreed 12 months then you are bound by the agreement. If they did so contrary to your instructions they are liable for any loss you incur.

      Comment


        #4
        Originally posted by Lawcruncher View Post
        If the agents agreed 12 months then you are bound by the agreement. If they did so contrary to your instructions they are liable for any loss you incur.

        But how is such a loss (the opportunity to sell the property) to be quantifed?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          Ending management.

          We are having major issues with our property manager. They have been negligent and also allowed our tenants to breach their tenancy agreement numerous times without consequence and without notifying us. We asked to terminate their management on several grounds. Within the contract we signed their it says we have to give them 3mnths notice to quit and they are refusing to hand it over to new management before this term. However they are stirring bad tensions between us and the tenants telling them not to respond to any calls from the new agent or ourselves, so they are certainly not acting in our best interest.
          Anybody know if we can legally leave them before the 3months (I assume they will still want payment) given that they are doing far more damage than good?
          Thanks.

          Comment


            #6
            Harrassment?

            What constitutes harrassment?
            I have some very precious tenants at the minute who are throwing this word around because I sent them 1 email and 1 text (a week later) with regards to an issue with the property. Both were just couteous communications to keep the in the loop as I suspected the property manager was not passing on information. (Which turned out to be the case.)
            Property manager has now told them not to speak to me directly!!!!!! and only go through her and she is using this term 'harrassment' too.

            Comment


              #7
              IMO 2 polite communications do not costitute harrassmement, unless accompanied by threats. If you engeged the property manager, then dispense with her services and inform Ts to only refer problems to you. You will need to be a model LL and issue a valid s21.

              Comment


                #8
                Having read your other posts, I think you should have given them the
                3 months notice already.

                if you can PROVE they have breached their contract, and the breach
                is very serious, you could end the agreement immediately.
                If it's just a case of "they forgot to communicate" with the tenant, you
                don't have much grounds to terminate contract.

                But make sure you itemise EVERY infraction, everything they were supposed
                to do and did not in your termination letter, and if a similar breach occurs
                then say"even after I stated reasons for temination my contract with
                you, you yet again did / did not do X, y,z, therfore consider our contract
                terminated with immediate effect.

                But be carefull, your tenants feel harrased at the moment because you
                did the agents job for them.
                Suggest the 3 months be complied with to terminate agents contract.and get another.
                You of course have to write to the tenants to advise change of
                managing agent, and if you get another "we are being harrased" complaint,
                make sure you issue a secton 21 ( with correct dates on ), and be
                prepared to have to eventuay get the bailifs in, to evict at the end of the
                A.S.T. ( just a feeling i have about your tenants )

                R.a.M.

                Comment


                  #9
                  Thats what I thought, and definitely no threats made.

                  Trouble is our contract with the property manager says we will give her 3 months notice even though her poor management has created huge problems for us.

                  Comment


                    #10
                    That may be what the contract says, but if she is breaching her obligations as per the contract then you could dispense with her services earlier. Whether her failures are sufficient to warrant such actions may be a decision for a court to decide after the event.

                    Your contract is with the tenant, you should write to the tenant along the lines of

                    "I'm sorry, there seems to have been some confusion over the Property Managers role". I pay the property manager to do X, Y & Z (brief synopsis) but your contract is with myself and you are welcome to contact me at any reasonable time, particually any issues relating to A, B & C.

                    Can I clarify, is this person a 'property manager' in the sense they manage a whole block on behalf of the freeholder, or would a better description be a 'letting agent' managing just the one property on your behalf?

                    Comment


                      #11
                      I would write to the agent advising them that due to X, Y & Z you are withdrawing your authority for them to act on your behalf with immediate effect. That does not affect your contract, you will still be liable to pay until the expiry of notice etc, but we'll come onto that in a moment.

                      Parallel with that, I would write to the tenant, clarifying (as per my other answer) that their contract is with you and that Messrs Lettem & Weep are no longer acting on your behalf. Until further notice, they should deal with you directly and any rent paid to Lettem & Weep after receipt of this letter may not be allocated to their rent account. If it isn't already in their AST, ensure that have an appropriate address for the service of documents.

                      You will then be free to find a new agent for the property.

                      Whether you continue to pay Lettem & Weeps fees for the remainder of the notice period is up to you, but from the brief information I have read so far, I suspect that if they were to sue you, a judge would agree that your actions were reasonable.

                      Comment


                        #12
                        letting agent would be the better description. She just looks after the one property for us.

                        Comment


                          #13
                          Three related threads merged.
                          I also post as Mars_Mug when not moderating

                          Comment


                            #14
                            For your information harassment in this context is defined in the

                            Protection from Harassment Act 1997, section 1,

                            http://www.legislation.gov.uk/ukpga/1997/40/section/1

                            1 Prohibition of harassment.
                            (1)A person must not pursue a course of conduct—
                            ..(a)which amounts to harassment of another, and
                            ..(b)which he knows or ought to know amounts to harassment of the other.
                            (2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
                            Can't see how writing two polite calm letters is that, nor that a reasonable person (ah, tricky to find when dealing with agents, landlords or tenants...) would think so.


                            Note "course" so just one action doesn't qualify.

                            Sounds like you might make a case for the daft letting agent harassing you ...!!
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              No win no fee?

                              Anybody know of any no win no fee solicitors who will deal with disputes between landlords and letting agents?
                              I just can not let these people get away with treating another person or their property the way this company have us.

                              Comment

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