Agent Contract Renewal ?

[Rich_Hawkins@hotmail.com]

Hi,

I am looking for advice regarding my position as a landlord with my letting agent. For the past couple of years I have been letting via an agent a 6 month assured contract to a property.

The contract was due to expire this month and neither I nor the tenants have received any correspondence regarding this matter. The tenants have approached me directly regarding this matter, and indeed for the past months I have been dealing with them directly over a number of issues. I have been happy to let the agent deal with all matters but it seems the tenants have become a bit despondent.

Now I'm in the position where I would (reluctantly) deal with them directly but do not know where I stand contractually with the agent. I'd prefer not to continue with the agent due to letting the contract lapse, and losing goodwill with the tenants. But to be honest, I don't know where I stand. Any help appreciated.

Kind Regards,

Rich

[Mortitia]

Firstly the same tenants do not need a new AST every 6 months - this is usually a ploy to get more money out of the landlord in charges by the agent. If the 6 month period has expired you can write to the tenants saying the tenancy is now periodic - this means you carry on as described in the AST until one of you decides to terminate the contract. The tenants would need to give you 1 months notice and you would have to give them 2 months notice from the 'rent due' date. You can still increase the rent under this method.

Have you checked to see that the agent is still in business and are they still charging you for full management?

Go back the the original contract you signed with the agent and check the conditions therein. This may give you a way of ending the contract. If not, write to the agent saying that they are not carrying out their contractual responsibilities and you are taking over. See if they reply or contest. If they contest you could negtotiate a fee of say £100 to end the contract. You will need to get the rent paid to you and most importantly find out if the deposit has been protected, where it is and if you don't have them the ID number and repayment ID.

Once you have done this find another agent or start looking now. Try to get one ARLA or NAEA backed and check the charges.

Hope this helps.

Mortitia

[Rich_Hawkins@hotmail.com]

Many thanks Mortitia for your comprehensive response. I'll refer back to the original contract and follow your advice. Thanks again.

Rich