Disposing of Letting Agent

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    Disposing of Letting Agent

    I have been letting out a property through an agent and we are now moming to the end of the initial 6 month agreement. I have had a number of problems with the agency and both the tenant and I would prefer to no longer deal with the agent.

    Can I simply give the agent notice. The only things I can see in my Ts & Cs are as follows;

    "commission is payable by the landlord to us following the introduction of a tenant who enters into a tenancy agreement.......for as long as the tenant reamins in the property"

    Also;

    "Termination - Either party has the right to terminate this agreement in writing :

    upon the tenancy vacation
    either party discriminates against race, gender etc"

    Does the above mean I can only terminate the agreemnt of the tenant vacates?

    Thanks

    #2
    Originally posted by reigate View Post

    "Termination - Either party has the right to terminate this agreement in writing :

    upon the tenancy vacation
    either party discriminates against race, gender etc"

    Does the above mean I can only terminate the agreemnt of the tenant vacates?

    Thanks
    Yes, unless you can prove professional incompetence on the part of the letting agent and that it has cost you money. If they have just been normally useless, then you are probably stuck with them, I'm afraid.

    Unless someone has successfully challenged this 'perpetual commitment' thing as an unfair term, which I don't think they have yet.
    '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

    Comment


      #3
      Originally posted by mind the gap View Post
      Yes, unless you can prove professional incompetence on the part of the letting agent and that it has cost you money. If they have just been normally useless, then you are probably stuck with them, I'm afraid.

      Unless someone has successfully challenged this 'perpetual commitment' thing as an unfair term, which I don't think they have yet.
      Thanks - i'll speak to them about it and see if what they might charge for me to end contract. Hopefully we can come to an agreement. If not, I may have to consider losing the tenant which means nobody wins

      Comment


        #4
        Originally posted by reigate View Post
        .......


        Does the above mean I can only terminate the agreemnt of the tenant vacates?

        Thanks
        No, it means you can terminate any time you like, but that you would still have to pay his commission. That sort of clause is (sadly) fairly common - so the only course of action is to terminate agency, evict tenant, get new tenant.

        New tenant could of course be old tenant with 2 day gap, but agency would probably still try to bill 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


          #5
          I had a similar problem with one of my properties, which was supposed to be fully managed by the agent but involved me sorting out most issues as they arose.

          Rather than terminating, I just agreed to move them onto a "Let and Collect" basis, so they seemed happy enough with that.

          Comment


            #6
            Actually...if the clause about perpetual commission is hidden away in the small print of the contract rather than being obvious, you may have grounds to get out of it, as per the OFT v Foxtons case.
            '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

            Comment

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