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Letting charge


Ellieben

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I have a property rented through a local letting agent on a full management contract agreed at a 10 per cent fee. The contract commenced on 15 February 2015. Terms of business confirmed this and a statement and remittance to be sent quarterly. On the 27 May I received a statement and noticed that the management fee had been based on 12.50 per cent. I contacted the agent who agreed the fee and said it would rectified straight away. This has not yet been done, and neither has the mid term inspection. The tenant also states that the repair requests, which are minor, are often ignored and she has to chase the agent. The tenant is paying her rent on time, and is trying to build her credit score as apparently this was nil at inception. Again I was not told this and I do not have copies of any references or even the AST which expires on 15 August. Telephone calls always produce a promise which they fail to keep.

Any suggestions would be appreciated, as I am new to this. Thanks.

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Sounds like you want out of your contract.

Write to the agent listing the complaints and tell him that due to breach of contract you will now be handling the property yourself. Arrange with tenant to collect the rent either in person or by direct debit.

Worst case scenario is the agent will not negotiate with you and brings a small claims case. You have a good case against the agent.

Just take control - it is your property.

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Thank you all for your replies.

I will give them a last opportunity to get things right, but I will insist that the short fall in rental is put into my account by the end of this week.

One final question - am I right in asking for copies of the AST, and references. I need to see these to make sure no mistakes were made and so I can make an informed decision when the six month term expires on 15 August. Is it normal practice for letting agents not to let you have copies of these documents ? I believe a section 21 was issued at inception.

Your help would be appreciated.

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Yes. You paid for all this documentation to be drawn up so it is yours.

But saying that some agents will be difficult about passing it over. The reason being it can show up any failings with the agent such as not doing the referencing they said they would do. They also spout on about data protection etc which shouldn't apply because any good application form filled out and signed by the tenant should have a statement stating they agree the details can passed on to the landlord.

If you get to the stage you are going to give notice just also add you require all reference's, application forms, inventories, tenancy agreement, deposit protection details and any other documentation relating to the tenancy. Add as a footnote that you have taken advice from the information commissioners office and been informed that data protection doesn't apply and you are entitled to this information.

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