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Ending contract with letting agent


cookster

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An agent found me a tenant and I entered into a rent collection agreement with them.

The tenancy is up for renewal in october but I want to take over managing the rent myself now. I have an excellent relationship with the tenants and the only reason i used a letting agent in the first place was my previous tenant left the property in the same month i was getting married and as i am no longer local to the area, a private search was a bit much to take on whilst organising a wedding etc...

The problem is that according to my agreement with the letting agency, they retain an interest and fees are due as long as the tenant they found me is in the property. I do not want to lose my current tenants but I do not want to carry on paying leaders a percentage of the rent every month.

I have sought advice from various locations but do not want to take unnecessary risks:

Generally people have said to me: Me and tenants give agent notice that tenancy will not be renewed (ie let them believe tenant is vacating), leave tenant in property. When deposit is released etc.. then redeposit with another service (with my last tenant i used the free tenancy deposit service and it was excellent!) and get another AST agreement drawn up.

Is this "safe". Can the agent do anything if they find the tenant has not vacated. Can they withhold deposit etc...?

Any advice gratefully recieved!!

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You have entered into a legally binding contract with this agent so if you don't abide by the contract details then they have every right to take legal action against you to recover fees owed.

All this nonesense about getting married was the only reason you used them and getting the tenants to move out to avoid fees is ridiculous. If you did not have such a good relationship with the tenants you would not be wanting to take the rent collecting on I'll wager.

Approach the letting agent and say you want to do your own management/rent collection and ask how much they want to release you from the contract - then negotiate from there. In future if using an agent as a tenant finder try and agree a one off payment for the 1st year payable in 2 six month lots (in case tenants go early). All the fees are tax deductable.

Mortitia

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You have entered into a legally binding contract with this agent so if you don't abide by the contract details then they have every right to take legal action against you to recover fees owed.

All this nonesense about getting married was the only reason you used them and getting the tenants to move out to avoid fees is ridiculous. If you did not have such a good relationship with the tenants you would not be wanting to take the rent collecting on I'll wager.

Approach the letting agent and say you want to do your own management/rent collection and ask how much they want to release you from the contract - then negotiate from there. In future if using an agent as a tenant finder try and agree a one off payment for the 1st year payable in 2 six month lots (in case tenants go early). All the fees are tax deductable.

Mortitia

Whilst I appreciate your help in the last paragraph, your middle paragraph is judgemental crap. You know nothing about me or my situation. Thanks for the advice anyway.

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The fact of the matter is that you are in a legally binding contract with your LA and they will not be interested in your personal circumstances of why you want to leave them only the fact that you are taking away their tenant which, they found for you, away from them, which is ultimately going to lose them money. Be prepared for some legal type letters from your LA reminding you of your contractual obligations and a large LA organisation that you are with will not hesitate to take the matter further with legal action to recover their costs.

Mel.

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HI,

I agree with Meboy and totally agree with Mortitia - including her middle paragraph that you interpret as "judgmental crap".

You have entered into a legally binding contract with a LA (for whatever reason) and you must adhere to it. It suited you to use the LA when your property was

empty and earning no rent but now it suits you not to use your LA (who appear to have done a good job in finding you and excellent tenant) because you have reverted back to "the greedy landlord".

Am I being judgemental ..... probably ..... am I right about the type of landlord you are .... almost certainly.

If you cannot be polite to good hearted landlords who give you free advice (on this forum) - I would suggest you refrain from posting your pathetic questions in the future.

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HI,

I agree with Meboy and totally agree with Mortitia - including her middle paragraph that you interpret as "judgmental crap".

You have entered into a legally binding contract with a LA (for whatever reason) and you must adhere to it. It suited you to use the LA when your property was

empty and earning no rent but now it suits you not to use your LA (who appear to have done a good job in finding you and excellent tenant) because you have reverted back to "the greedy landlord".

Am I being judgemental ..... probably ..... am I right about the type of landlord you are .... almost certainly.

If you cannot be polite to good hearted landlords who give you free advice (on this forum) - I would suggest you refrain from posting your pathetic questions in the future.

I believe i have been polite. It is the tone of all your posts that is impolite in all honesty. Fair enough you all think that I am in the wrong but you could have been a whole lot more polite yourselves in the manner in which you addressed me. Maybe as I am not a "super senior member" I only qualify for the "look down your nose and judge" treatment??

Greedy landlord - no not at all. Green landlord, yes absolutely. I had no idea that the contract I took up with them would stand for as long as the tenant was in the property. I was under the impression that the rent collection service is an extra option (which I paid for the privilege of using gladly) that could be switched on and off as desired. I am now in a position where I feel happy that I no longer need to use a third party to do it: I am sure that there are a LOT of people out there who are 'feeling the pinch' currently and are looking at ways of saving money. I have identified this as a way to save my family money. So am I really wrong in enquiring as to legitimate ways to go about this?

I am not a professional landlord. I do not run a property empire and I hold my hands up to admitting to being completely new at all this. I have only had one other tenant who was a friend of mine and I had not entered into the realm of using agents etc.. before

Perhaps you should consider welcoming new members who have legitimate questions - even if those questions may be seen as "ridiculous" by all you 'experts' - a little better?

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Cookster,

I don't see how describing my reply to you as being 'crap' puts you in the polite category.

At risk of making a judgement (something I do all day, every day - its my job) I'll guess you wanted a quick and underhand way out of paying your agent his commission because you had not read your contract properly at the outset. We did not provide the answer you wanted to hear so you are against us. That is pathetic.

Even if you only have 1 property to let you should try do it properly and correctly - that is what this site is about, not thinking up scams to cheat agents who seem to be doing a good job.

I do hope you negotiate your way out of the contract with my advice.

Mortitia

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Mmmm! as a "Super Senior Member" I thought I gave very clear and polite advice but I do get the feeling it was probably the advice you didn't really want to read so with that thought carry on with what you are proposing and see what happens.

I'm out of this discussion now.

Mel.

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:unsure: I have a question on a similar theme to Mortica. I wish to end my contract with my letting agent following an unresolved dispute. I don't have a problem with the tenant and don't really mind if she wants to stay in the flat and continue to rent from me directly (which she does as she doesn't want the upheaval of moving)

I did pay a 'finders fee' to the letting agent when she took the let. I have also been paying management fees and will have to continue to pay them for another 3-months as per the contract I signed with them. It was their tenant and they have given the tenant notice.

What are the legal implications of me approaching the tenant, 'showing' her round and re-letting the flat to her under a new agreement directly with me? I don't want to complicate matters but i do feel a bit bad that the tenant has unwittingly got caught up in my dispute with the agent.

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Victoria

I think you should have started this with a new thread - anyway...........

I'm not sure what you mean by 'it is thier tenant' and they have given t notice.

Do you own the premises in question? If so it is your tenant and not up to this agent to give T notice unless you want to do so. Read your agreement with the agent thoroughly - I can't believe it says you have to give up any tenant when your commission due the the agent ends?

Right to tenant yourself and say you will be collecting the rent (if you want to that is) from now on and to ignore the agent's notice. It is your property so you need to announce what you intend to do. Sounds like the agent is trying to get you into another contract by getting rid of current tenant! Madness!

Mortitia

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