Sneaky letting agents

[Joanne]

Hello all,

I asked a letting agent to rent out my house, they came to view it and put it on the market and stated that they would send me all relevant information in the post. They told me at the time that they would charge 13% fees for the first year for the property to be fully managed, this I verbally agreed to.

After a catalogue of errors on behalf of the agents, a tenant was found. Both the tenant and I met at the letting agents office and we both signed the tenancy agreement.

Then out came the agents terms and conditions. They were not as they had stated when they viewed the house, nor was there any mention of additional charges (and there's plenty of them). My main concern was that it stated that 13% would be payable indefinitely and after asking, the only way to stop this would be to evict the tenant. One years commission is £1741.00, more than a fair amount for introducing a tenant I think, but if she was to stay for years, it's money for old rope!

Anyway, I refused to sign the agreement and stated very clearly that I would under no circumstances sign an open ended agreement, we remain at stale mate.

The problem I now have is the tenant has a tenancy agreement and has paid the agents £1900.00. I have absolutly no problem with the tenant, I'm quite happy for her to still move in.

If I was to refuse to come to an agreement with the agent and stated that the house is no longer available to them to rent, would they have to give back the £1900.00 to the tenant? I am hoping so, as she is the innocent party in this.

I would then come to a direct arrangement with the tenant, both of us are happy to do this. Then I'm worried about them causing her problems??

Any advise would be greatly appreciated.

[F-Prop]

Oh my god, what a bad letting agent!

My advise would be to tell the letting agent to go take a hike, get the tenants phone number, go to WH Smiths and get some AST letting agreement forms then ring them and sign them up yourself!!

Honestly it's not all that difficult and if you have met the tenants and feel sure that they will be OK (have you run a credit check?) and your property is in good condition then you shouldn't have a great deal to worry about.

Trevor.

[Melboy]

These Agents represent everything that is bad in the Letting Industry.

You will not be able to have this Tenant because they will state that they have a contract with them.

I doubt whether She will get the full amount back unless She actually takes a property from them.

It would be easier for all concerned to sit down and discuss the situation and come to some form of compromise but if that is not possible there can be no sentiment in this business and you must pull out.

Their commission fee's are too high anyway at 13% and that should have been negotiated down in the first instance.

We don't have any other info. like Rent Charges, property details, Location etc. to really pass anymore comment.

[Joanne]

Thanks for the advice, I stood my ground and we came to an agreement.

After 12 months, if my tenant stays on, there are no further fees payable to them unless I choose to continue with their service. I will read very carefully what the amended agreement has to say.

If it wasn't for the tenants £1900.00 they held, I would have told them to take a hike regardless of what they offered but I think she would have struggled to get her money back, which would have been terribly unfair on her.

Their reason to agreeing to the 12 months only is: "we are only agreeing as we don't want to see that poor girl homeless" ! I think they must think I am entirely stupid, more like well 12 months is better than nothing, because she'll rent direct to her anyway!

Looking forward to a productive 12 months relationship with my letting agent, I'll be back to moan and seek advice in the future no doubt.

Thanks again.