UK Landlord Forum / Life

I have a question that I can't seem to find an answer to on the internet so would really appreciate any advice. I rented my property out this March. I found tenants myself but wanted to go through a letting agent to manage the funds. After nearly nine months and the tenants have always paid on time and are happy I've decided I no longer want to use the letting agents, however they're not agreeing to release the tenants and said that I'm bound by the T&Cs. So even though this is my tenant and I stupidly didn't think that I would be tied into the contract in the same way as I would had I not found the tenants, I am still bound by the same rules. The letting agents are not budging. Has anyone been in the same situation or have any advice? It would be greatly appreciated.

Many thanks,

Paul

Of course you are bound by the t's and c's. Why can't you just give the agents notice as there must surely be provision for this in their terms and if there isn't then perhaps their terms are unreasonable and consequently unenforceable?

Some Letting Agents have Ts and Cs that indicate the agreement is perpetual, as long as the same Tenants remain. This might be such a case. However, fret not, as this falls into the realm of unfair Ts and Cs as David M implies and will be unenforceable. Do whatever you need to do to sack the Letting Agent - start by informing them that they are fired, give a notice period if you need to. Take any actions you need to do to remove them from the equation - get the rent paid directly to you in future. Inform your Tenants formally (in writing) that where they send their rent will be different from x date. Wash your hands of the Letting Agents and move on. Best of luck.

Hey Paul.

So from what i get from your post, you are still under contract with your agent with your current tenant?

I am just going through the same process and yourself.

My current tenant, whom i have had under contract with an agent, will be going direct to me after the current AST expires.

My AST with the agent is a 12 month contract with a 6 month get out clause for both parties (tenant-landlord).

i informed the tenant to give the mandatory 2 month notice period to the agent, to terminate the contract, and they have done so. legally all correct.

I cannot see any reason why the agent is doing this (except for being an arse, which is second nature to an agent), if you and your tenant have given the required notice to terminate the current AST with the agent.

Once the contract is terminated you are free to let the property to whom ever you chose, its your property.

Once you have covered yourself legally with regards to terminating your current AST, i am sure you will be fine.
Stick to your guns with the agent.

You are under no obligation morally or legally (to my knowledge) to explain your situation to a poxy agent, period. They provided a service you no longer require.

I have just told the agent there services are no longer required after the AST finishes, end of....goodnight.

Lets us know how you go.

I think you'll find that if the agent found the tenants, said agent is entitled to commission for as long as that tenant rents your property. I have a flat that was let through Foxtons (just let, not managed); the AST is coming up for renewal in May and the tenant would like to renew (he's good so I'm happy with this) and we are having to go through Foxtons. I am pretty positive that if the agent found the tenant then you have to pay commission as I mentioned above.

This does not feel like good advice.

Foxtons are (were) not exactly a paragon of fair terms and conditions...

http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/foxtons/#.UvkXzYcaPS8

And the Q&A...

http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/foxtons/qandas#.UvkYb4caPS8

Hope that helps... challenge everything.