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Avoiding tenancy agreement fees

Started by Dabble, July 01, 2011, 11:12:12 AM

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Dabble

Hi all. I became an accidental landlord 18months ago.

I used an agent to find a tennant & agreed to 10% finders fee for the first years rent to them. Signed the paper work and off we went(sign in haste and repent at leisure). The first tennant agreement was for 6 months and they charged & deducted the 12 months full fee (Cheeky buggers)& forwarded the balance to me. After 6 months the tennant paid me direct the full fee for the following 6 months (All square now).

At the end of the next 6 months (Month 18) the agents have come back to me asking me to sign a new tennancy agreement and charge me 10% of the amount. I said I have paid them the finders fee in the first 6 month tennancy. They said check the agreement you signed it 10% for life with our client. I checked, refer to sign in haste repent at leisure!

I asked them for the signed copy of the last 12 months tennacy agreement (I have a copy of the first 6 month agreement). Neither I or my tennnat have a copy of this and the agent sent an unsigned copy of it to me. I feel that there has not been a signed agreement in place for the last 12 months. Null & void? Exposed?

My tennant has just paid me in full for the next 6 months and the agents want both of us to sign a new 6 month agreement and charge me for 12 months.

I & my tennant are happy together and would like to drop the agents. I realise I need to get my tennant to sign something (presumably a copy of the last agreement with my agents name replaced with mine) but how should I approach the agent with a view to dropping them.

My thoughts are: Option 1, no agreement has been in place for the last 12 months. Please refund me 6 months charges
                        Option 2, I do not wish to sign an agreement with the agent as I have one in place with the tenant
                        Option 3, I am legally stuffed and will have to continue paying the agent fee's while I have 'their client' paying rent.

For info the tennant is great (Hardly there) we get on well, the deposit for the flat as done through the agents.

Any advice to clarify my position and advice to approach the agent with the words goodbye would be gratefully received.

Dabble.