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New property with existing lettings agents agreement

Started by alsjack, July 21, 2017, 04:43:42 PM

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alsjack

I have just completed on a property that has tenants in place and has been managed by an agent.

The tenants want to stay and I would like them to but the agent wants a termination payment.

I appreciate the agents belief that the tenants are theirs etc.but the agreement was with the previous owner and not with me.

I'm still waiting to receive a copy of the agreement they are referring but in the meantime would like to know if I have to accept this or if I have a case to dispute this.

Thanks in advance for any help.

Hippogriff

There is the phrase that you step into the old Landlord's shoes as you take over a property. This could be envisaged as meaning you take on all their obligations. However, with a Letting Agent I would fight it all the way... you've never signed anything regarding their terms of business, that's for sure. It would be hard to pin it on you. I think they're trying their luck, but I'm sure we would all be keen to hear how you get on. I would just ensure the Tenants are paying you directly, after you've formally served them notice that you are their new Landlord, instead of the Letting Agent (if that's how it worked before) then simply ignore the Agent - don't give them the joy of an answer.

You've probably engaged too much already. Good luck.

alsjack

Thanks HippoGriff,
I understand all of what you say but unfortunately there was a rental payment made just prior to completion so they have that in hand.

I have formally notified the tenants of the change and of the new arrangements so hopefully no problem there.

In asking the agent to transfer that payment to me and that I no longer intended to use them they have just deducted their chunk!

I will be disputing it and we'll see how far I get. I will update as I go along.

alsjack

Well 5 weeks after the agent charged me for not continuing with the previous owner's arrangement I have managed to get my money back! I was on the verge of giving up trying but that one last push paid off!