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Getting out a Letting Agency contract

Started by lmar88, October 27, 2010, 12:18:12 PM

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lmar88

I have recently purchased a property that is quite far from where I live so I rang a local letting agent and arranged for them to take on the property, market it, arrange a tenant etc.
This was 2 months ago and there is still no tenant in the property!  The agent hardly ever gets in touch, even to say there has been no new interest and I am beginning to feel like I would like to take my business elsewhere.  Problem is, I have already signed a contract with this agency and paid the Initial Admin and Marketing fee (which they have cashed).
The contract states 'It is agreed that only the Agent may let the property'.  What I want to know is, does the termination of the agency agreement notice period apply if the agency hasnt actually got me a tenant? 
Does the agency have any rights at this stage as they havent found a tenant yet?
Could I just cut my losses and walk away from the agreement or is it binding even though they technically havent kept their end of the deal and found me a tenant.  The contract comes across to me to mainly apply when a tenant is found.  Is this the case?
Sorry for all the questions but I am sick of their laziness!!

propertyfag

I suspect you could just cut your losses because you paid them for marketing - I'm sure they'll be fine with that because they've made money out of you! But you should ask them!

I'm surprised the agent took an upfront fee. I've never worked with an agency that's done that before. From my experience, agents usually charge once they've found tenants.

john

I agree with the person above.  You should talk to the agency that you hired and see what they feel. Its obvious that your perception is that they are not doing anything as of it and they are bad communicators. Have you called them and spoken to them about what they are doing to let your rental. Also, are they going to get an additional fee when do let your rental. If there have already earned all their fees, then its seems like the would let you out of the agreement. About your agreement, does it state any non performance clauses? In regards to letting you out of your agreement with them. Its no so important if they say yes or no, but if they do anything if you do hire someone else to let your rental. But I think maybe your best approach is to call them and tell them how you feel and see what they say. Good Luck :)

lmar88

Thanks to both Propertyfag and John.  I have rung him and had a long chat about the situation and he is happy to let me leave without giving a notice period if I am that unhappy which is good and which is what I plan to do!!

thanks again!