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Chancellors 'Ownership' of tenant until they vacate issue

Started by JennyHopkins, April 05, 2022, 01:40:48 PM

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JennyHopkins

Hi all,

Hoping you can help.

I sacked Chancellors due to their complete lack of professionalism with regard to managing my tenancy agreement.

They accepted it was over but stated that under the T's & C's I signed, they still 'owned' the tenant until they vacated and would continue to charge me a fee.

I have followed their complaints procedure, engaged a solicitor to act on my behalf and complained to the Property Redress scheme, all without a change in this situation.

I am told that legally it is unenforceable, particularly given I have already paid them a finders fee.  I offered them 3 months of fees to di-engage myself but they rejected.

Anyone else been in this scenario?

heavykarma

Yes.I had dispensed with lettings agent management as properties became vacant.One tenant showed no sign of leaving (still there in fact some years on) Despite their numerous failings,they tried to hold me to the terms of the agreement.I did not bother with a solicitor.I contacted the tenant and she happily agreed to change the standing order to pay me directly.Her rent was long overdue an increase,but I told her I would waive that as I would not be paying agent's commission.They tried to harass her,but I got them to stop.I had a list of all their failings and said it was going onto Trustpilot.
Fellow landlord on this forum Handyman went one better, and actually got some money refunded. It is quite extraordinary how they think they can hold you to the terms of a contract when they have failed to do their side of the bargain.

JennyHopkins

Thank you for this feedback.....
I have done the same with the tenant and made private arrangements for her to stay on, which is why I am dismayed that to get out of these terms they want her to leave!
Sooooo
I have an email from Chancellors stating that they require a S21 notice and an email from the tenant that she has left...both of which have been provided.
Chancellors now say that is not sufficient and they require a check out report which I have refused to supply on the basis that this would cost me.

My solicitor has said that I risk being taken to court for non-payment of their fees.....

So from what you have written you sat tight and just didnt pay their fees and they went away?

HandyMan

Quote from: heavykarma on April 05, 2022, 03:03:39 PM
Fellow landlord on this forum Handyman went one better, and actually got some money refunded. It is quite extraordinary how they think they can hold you to the terms of a contract when they have failed to do their side of the bargain.

Yes, I successfully terminated a contract with an agent (it was Chancellors!) and obtained a substantial refund of fees - but I had a mass of carefully written evidence detailing their repeated failures.

I think in the end they gave up due to embarrassment that even when they tried to correct their errors, they were still getting things wrong.

It's important when writing, never to get angry or in any way emotional with them. Logical argument and clear assertive statements are the best way.

See this post https://www.landlordforumproject.co.uk/landlord-advice-help/non-paying-tenant-8-mths-spicerhaart-rlp-insur-still-not-paid-out-and-eviction/msg33727/#msg33727 and the Landlord Law article I link to.

Hippogriff

Quote from: HandyMan on April 05, 2022, 09:28:36 PMI think in the end they gave up due to embarrassment that even when they tried to correct their errors, they were still getting things wrong.

It's this kind of thing that brings joy to my life.

JennyHopkins

Thank you so much!

The article link was brilliant.....and advice around their approach and my reaction to it...Ive been awake at night worried about this, but I now have a toolkit to approach them on the front foot!

I love forums for this sort of help and cannot thank you enough, power in numbers eh!

heavykarma

The likelihood of them suing you is very small. They will bluff and bluster,stand firm.