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Removing Letting Agent


Philip Hales

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I have a Letting Agent, he currently manages poorly, 2 properties for me.  He never used to take deposits, and I never understood why, until talking to one of my tenants, who told me that they never would have been able to provide a deposit owing to the massive charges the LA use to make for finding them a property.  This was news to me as I did not know (at the time, that he charged for this).  However, I understand that the government has since stopped this behaviour.

One particular property, had a young lady in residence, provided by the LA, she was on a 6 month AST however, owing to the behaviour of her boyfriend she disappeared one night as he had been around, kicked a door in and smashed the oven door!  She had part painted walls, without my agreement and it cost me nearly £2,000 to put it right.  I was most annoyed at this owing to the lack of deposit.  Whilst I was working on the property, a gentleman approached my from the house opposite and asked if I was the owner.  I told him I was and he asked if I was going to re-let the place.  I told him I was and he told me his position (that his landlord was selling up).  He asked if I would let the house to him and his family.  As I was busy I told him to contact my LA to do the paperwork.  Really I should have done it myself.

I am now retired and want to look after the tenant myself.  He has been in since 08, 2011.  The LA obviously did not find him, and has been taking 10% plus VAT since this time.  I arrange the Gas Safe Cert.  I deal with any problems, and it is only if the tenant cannot contact me (if I am on holiday) that he contacts the LA, then I end up paying through the nose for minor repairs. The LA does not carry out any visits, never did an inventory.  Basically, I am paying this money just so he can deduct his fee and pay me.

Last year I spent £3K on carpets for my tenant and I would like to spend some more money on replacing some of the double glazing, which are draughty, and I would like to upgrade the kitchen as he is a good tenant and is not looking to move.  He has a family of wife plus 4 kids.

I cannot recall signing any agreement with my LA, but as he did not find the tenant, which seems to be what a lot of these instances are hinged on - can I give him a month's notice that I am taking the property off him.

I am not going to do the same with the other property as he found that tenant and although he does nothing other than find tenants and take his 10% plus VAT on that property, I am happy to leave things the way they are.  This one is a flat, and we may think about selling it next year.  Both the properties we own outright.

I would appreciate some advice on whether I can do as suggested and not suffer any penalties. 

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I have added my comments in red within the text of your post below:

 

I have a Letting Agent, he currently manages poorly, 2 properties for me.  He never used to take deposits, he is under no legal obligation to do so unless his contact with you states he will. But good practice and duty of care would dictate that he should have informed you and the risk that involved. and I never understood why, until talking to one of my tenants, who told me that they never would have been able to provide a deposit owing to the massive charges the LA use to make for finding them a property. This is one of the reasons fees are being banned  This was news to me as I did not know (at the time, that he charged for this).  However, I understand that the government has since stopped this behaviour.

One particular property, had a young lady in residence, provided by the LA, she was on a 6 month AST however, owing to the behaviour of her boyfriend the agent isn't responsible for the boyfriends behaviour she disappeared one night as he had been around, kicked a door in and smashed the oven door! the tenant is responsible the property until the tenancy is legally ended  She had part painted walls, this is the tenants responsibility/cost to rectify but should have been picked up on the agents inspections IF the agent was contracted to do them. But that still doesn't mean it would have stopped the tenant from decorating.  without my agreement and it cost me nearly £2,000 to put it right.  I was most annoyed at this owing to the lack of deposit.  Whilst I was working on the property, a gentleman approached my from the house opposite and asked if I was the owner.  I told him I was and he asked if I was going to re-let the place.  I told him I was and he told me his position (that his landlord was selling up).  He asked if I would let the house to him and his family.  As I was busy I told him to contact my LA to do the paperwork.  Really I should have done it myself.

I am now retired and want to look after the tenant myself.  He has been in since 08, 2011.  The LA obviously did not find him, and has been taking 10% plus VAT since this time. doesnt matter as they when via the agency and they would still have the normal work involved(other than the advertising)   I arrange the Gas Safe Cert.(your choice or the agent??  I deal with any problems, your choice or the agent?? and it is only if the tenant cannot contact me (if I am on holiday) that he contacts the LA,your choice or the agent??  then I end up paying through the nose for minor repairs you need to clarify the maintenance instructions with the agent, such as only authorising works that have been quoted for first unless an emergency. The LA does not carry out any visits, what does your T&C'S with the agent state? If there are not any or the contract silent on the issue the agent has no obligation to do them. You should have question it. never did an inventory. as previous  Basically, I am paying this money just so he can deduct his fee and pay me. You have appeared to have agreed to it by accepting the situation

Last year I spent £3K on carpets for my tenant and I would like to spend some more money on replacing some of the double glazing, which are draughty, and I would like to upgrade the kitchen as he is a good tenant and is not looking to move.  He has a family of wife plus 4 kids.

I cannot recall signing any agreement with my LA, formally request in writing a copy but as he did not find the tenant, doesnt matter which seems to be what a lot of these instances are hinged on - can I give him a month's notice that I am taking the property off him.without a contract you should be able to give one months notice if there is one what does it state regarding termination?

I am not going to do the same with the other property as he found that tenant and although he does nothing other than find tenants and take his 10% plus VAT on that property, I am happy to leave things the way they are.  This one is a flat, and we may think about selling it next year.  Both the properties we own outright.

I would appreciate some advice on whether I can do as suggested and not suffer any penalties. 

 

 

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You say the agent only finds the tenants and takes 10% + vat but who deals with /provides the following ?

* Tenancy Agreement

* Deposit protection and issuing the prescribed information.

* References

* Standing order form

* Inventory

* EPC certificate

* Gov' booklet 'how to rent'

* Legionella tenant advice sheet

* Smoke alarm/CO alarm form

* Template for reporting repair sheet

* Immigration checks/passports

* Gas cert and electrical checks

* Rent guarantee insurance / guarantor

Etc, etc.

Some of these are legal requirements.

 

 

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