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Found 6 results

  1. Hello, Does anyone have a National Landlord's Association Tenancy agreement that they can send me please? Thank you.
  2. A prospective tenant for my property pulled out after giving the Agent a moving in date and paying the Agent 6wks deposit and the first months rent - about £1730! I'd signed the contract but the prospective tenant hadn't. Can anyone advise me of what the prospective tenant would be likely to loose for the wasted time? Thanks for looking.
  3. Hi I have two properties managed by a letting agent since October 2013. At the time when I signed an open ended standard management agreement with the agent, both properties were already rented out. The tenants were previously found by the same agent under a tenant find only service (one of the tenants was already in occupation for 1 year, the other one for several years). One tenant left in June 2014, one is still in occupation. No new contracts were issued to the existing tenants when the agent started the management service, the agent only sent letters informing them of the new arrangement (e.g. standard management service) Due to poor management service from the agent since Oct 2013, I decided to terminate the agreement with him and wrote to him about this, including asking him not to take any action whatsoever in relation to the properties from the moment when I gave him notice. The agent replied by email: "under our terms of business its three month notice in writing, and compensation of 1 month in respect of the tenant already in place" also "at the time of our signing up meeting no set up fees or change over fees applied due to tenants already in situ" The terms that he provided in October 2013 (and I was not informed of any changes to them) state: "the agreement can be terminated by either party by way of three months written notice. The minimum fee applies if on termination the total fees due are less than the minimum fee. A placement fee equivalent to one month's rent will be payable where the Landlord intends to continue letting to tenants introduced by the Agent after the termination of this agreement" Also " a set-up fee will normally be levied at the outset for taking references and arranging the Tenancy" and Changeover fees (full service inc rent guarantees ) of £xxx plus VAT In Oct 2013, there was no need for the agent to take references etc, as it was all done long before he started his management service so he "waved" his fees for set up. I believe he is twisting his terms to imply - the "placement fee" becomes now a "compensation of 1 month", - "tenants introduced by the Agent" become "tenants already in place" Basically, that the tenant still in occupation of one the properties (who has been there for several years before the agent started his management service) is "his", instead of him having managed properties which were occupied by "my" tenants (he seems to imply that changeover was me "passing" the tenant to him, as if he found the tenant in Oct 2013 when he started managing the properties). Also, he said he will send me again his landlord pack, and I wouldn't be surprised if some of the terms might have been changed after I issued his termination notice. - Can you please advise how to reply to the agent and refute his claim of "compensation of 1 month in respect of the tenant already in place". Also, I terminated my contract with him due to poor service since Oct 2013 (several complaints in writing), including misrepresentation of my property which is available for rent now (e.g. advertising on national websites using old photos, showing white goods and furniture no longer in the property). - Will I be bound to pay him 3 months fees for property management - either for the property which is empty now or the one where the tenant (found by him years ago under a different service), is still in occupation? - I have already given him written notice, and required him to stop services on either properties from the date when I sent the notice. Can I employ a different letting agent to find a tenant for the property which is empty now? - I want to give the tenant still in occupation of the second property a new contract. I talked to the tenant and he agrees with signing a new 6 month contract. Can I issue it now or do I need to give the tenant 1 month notice of a new contract - 6 months shorthold tenancy as opposed to the current periodic tenancy? Many thanks for advice.
  4. Hi I recently ended a contract with the letting agent after 7 months of having a fully managed service. The reason I ended the contract was because I sold the property to another investor who wanted to keep the tenants on and were happy to manage them themselves. After many 3 weeks of trying to get hold of the LA, phone call after phone call being told that our final months rent was being Processed and this takes time, I received said payment less of £395 termination fee. I was outraged and have read through my contract again to find a very vague part which says Where you continue to letting to a tenant or occupier we introduced then you will be liable to pay us a tenant finding fee (which we paid at the beginning) calculated on a notional 6 month tenancy term starting on the date that our agency ends with the fee becoming payable on that day. If the tenancy terminates sooner than 6 months after our agency ends then we will make a pro rata refund of the fee. Then it goes on to say You may terminate Our Agency immediately subject to paying our reasonable expenses for administration and marketing the property and not being less than 1 weeks rent. We paid a finders fee of £295 which surely covers marketing. I feel that the termination fee is totally unreasonable as they were fully aware of the situation several months back. Can anyone help as the contract doesn't make it clear how much I should pay should I ever terminate the contract.
  5. Almost two years ago my wife and I became accidental landlords to buy our dream house, It's now time to sell the rented property to fund the work on our current house. We have rented using a letting agent and have had the same tenants from the start, last time I spoke to the tenant they did show some interest in buying. I have checked my Agency agreement and under sale of property it states: By agreeing to these terms of business you confirming that, in the future, if we introduce a buyer and/ or negotiate with a buyer for the sale of your property, you will pay us a selling fee based on 1.75%(+vat) of the total selling price ( or other consideration) payable for your property such selling fee being payable at the event of exchange of contracts ( to be paid at completion or on demand if completion is delayed for 6 months or more). I am a little confused over this statement as I've only used this letting agent only for letting, and now I want sell they also want more money. I have done some research and on 'The Property Ombudsman Code of practice for residential letting agents' Section 3j Under Fair Contracts it say's : Not require payment of a commission in circumstances where the tenant agrees to purchase the property unless this is subject to a separate sales agreement.
  6. Please could I ask your advice with the following. I know a lot of people ask this, but the answer usually says : it depends on your contract. So I have given some details from the contract. We are letting out our house through a letting agent. Its a full management agreement, however, we are finding it easier to deal directly with the tenants, than keep going through the agents. They just add confusion and delays. Because of this and to save money, we'd like to terminate our contract with the letting agents. The Termination clause of the contract between us and the letting agent says : "Either party may terminate by giving the other party 1 months written notice. However, any fee or expenses due to us (the letting agent) in respect of any tenancy remain payable notwithstanding termination." The Appointment clause of the contact between us and the letting agent says : " You appoint us to be your agent to perform such services as set out below, during the Contract Period and we accept such appointment". The contract period is for 1 year, which we are now half way through. Questions: 1) If we give notice and cancel our agreement with the letting agent and manage our current tenants ourself, do we still have to pay the letting agent their monthly (10%) fees for the rest of the 1 year contract? 2) If we wait until the year contract has been completed with our tenants can we then terminate with the letting agent (having given notice) without having to pay them any further monthly fees, while keeping the same tenants in our house. Many thanks for any thoughts or advice. Steve.
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