nerms19

Thanks for the replies guys. To provide a little more info: The agreement with the LA only specifies that they must give me thirty days notice on termination - there is no mention of what the timescale/process is for me to terminate. Does that mean I can terminate with immediate effect? There is no mention in the contract that the tenant belongs to them. The only related clauses are that should the tenant stay beyond the initial 12 month period, there will be a (reduced) management fee payable for each year - I assume this is only if they are still contracted as manaing agents. I would have thought that the full years fee that I have already payed covers both a finders fee and management throughout the year - as a result, if they have been disinstructed one month into the year, I should be able to claim back 11/12th of the management fee proportion? I am mainly interested in claiming back (via the courts if necessary) the rent that they have received but not passed on, costs for items/repairs not authorised and the costs incurred in taking this to court. The reimbursement of the management fee would be a bonus but not expected as it's a bit of a grey area. The agent has signed up to the Property Ombudsman scheme. I have spoken with them and based on the circumstances, I have a good chance of the ombudsman being on my side, but it can take upto six months apparently, especially with a non-responsive agent (such as mine) What would be great from you guys is whether there is anything specific I should mention in the termination letter (over and above what I mentioned in my original post). I don't want to be in a position where I am jeapordising my chances of success if this goes to court - based on a basic technicality/step missed.

Thank you Meboy for your post. I have written (by post, recorded delivery) to them, stating that they have not passed on all of the rent they have received from the ex-tenants (that moved out of the property over a year ago), giving them fourteen days to respond. I stated that if I did not hear from them, I would consider taking legal action, which would then include a claim for reimbursement of fees, loss of earnings for attending court, interest on rent arrears, moneyclaim costs etc. I have paid the full years management fees upfront (the current tenants only moved in a month ago) so not sure that the tenants do belong to them, especially as I understood they represent me? What claim could they have? I am happy to name them but not until the current issues are resolved - either by negotiation or by taking a more formal approach. Any advice??

Hi Due to various issues I have decided to end the agreement with my letting agent. I have checked the contract and there is no mention of termination by the landlord, only that the LA must give me (the landlord) thirty days notice if they wish to terminate. Would I be correct in assuming that I can give notice to terminate with immediate effect? I am considering including the following in the termination letter: 1) Asking for the deposits relating to current tenants and previous tenants (which is being disputed) to be transferred into a scheme in my name 2) Asking for any keys they hold to be sent to me or for me to pick up 3) Asking them to send me details of any expenditure that they have not recharged to me (electrical certificate, repairs carried out) I also am planning on writing to the current tenants, requesting that future rent payments should be made direct to me and any further issues to only be discussed with me. I also want to be reimbursed for part of the management fees, on the basis that they have breached the agreement (for example, not passing on all of the rent from the previous tenants, having work carried out that has not been authorised, never carrying out agreed property inspections, very rarely answering the telephone or responding to emails, the list goes on). If they do not agree to reimburse a % of the management fees, I will consider taking legal action using moneyclaim. I just don't know how to time all of this (i.e. terminating the agreement, writing about the reimbursement, issuing a moneyclaim order, writing to the tenants). Any thoughts would be great!?