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bobbybuttons
Posts: 345 Forumite
I am in a situation where i worked for a letting agent but was unfairly dismissed but thats a different story.
I have a property i let out with them and now would like to swap agencies as I no how they deal with people and i'm not happy to continue with them.
My contract with them states :the contract term will be the full duration of the agreed tenancy including fixed renewal periods and monthly(periodic) tenany periods.
Then under this is contract termination which says The contract is legal and binding for both parties and can only be terminated early in agreement of both parties.In special circumstances we will consider early termination of this contract but will charge a termination fee equal to 1 calendar months rent.
No where does it state what notice i need to give so i have written a letter giving them a months notice to suspend from using their services. My tenant is on a 1 month rolling contract as her 6 month ran out.
I would like your views as the letting agent is saying this is not accepted and has warned my tenant the contact is between them and her ( although my name is on the AST as landlord) and if she fails to pay them they will take it from her bond.
Ive try to reassure my tenant and have given her a letter to say the letting agent is no longer acting as my agent and a new agent will be in touch with details.
I really dont want to pay a month rent to get out but the contract is a bit vague. The letting agent are threatening to take me to court if i just leave.
help please :mad:
I have a property i let out with them and now would like to swap agencies as I no how they deal with people and i'm not happy to continue with them.
My contract with them states :the contract term will be the full duration of the agreed tenancy including fixed renewal periods and monthly(periodic) tenany periods.
Then under this is contract termination which says The contract is legal and binding for both parties and can only be terminated early in agreement of both parties.In special circumstances we will consider early termination of this contract but will charge a termination fee equal to 1 calendar months rent.
No where does it state what notice i need to give so i have written a letter giving them a months notice to suspend from using their services. My tenant is on a 1 month rolling contract as her 6 month ran out.
I would like your views as the letting agent is saying this is not accepted and has warned my tenant the contact is between them and her ( although my name is on the AST as landlord) and if she fails to pay them they will take it from her bond.
Ive try to reassure my tenant and have given her a letter to say the letting agent is no longer acting as my agent and a new agent will be in touch with details.
I really dont want to pay a month rent to get out but the contract is a bit vague. The letting agent are threatening to take me to court if i just leave.
help please :mad:
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Comments
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Tell the LA that the clue is in their name.., Letting AGENT, they are your agent, acting on your behalf. The tenant is your tenant in your property, not theirs.
The money on deposit is held for you/the tenant. It is not theirs.0 -
bobbybuttons wrote: »I am in a situation where i worked for a letting agent but was unfairly dismissed but thats a different story.
I had a property i let out with them and now would like to swap agencies as i know how they deal with people and i'm not happy to continue with them.
My contract with them states :the contract term will be the full duration of the agreed tenancy including fixed renewal periods and monthly(periodic) tenany periods.
Then under this is contract termination which says The contract is legal and binding for both parties and can only be terminated early in agreement of both parties.In special circumstances we will consider early termination of this contract but will charge a termination fee equal to 1 calendar months rent.
No where does it state what notice i need to give so i have written a letter giving them a months notice to suspend from using their services. My tenant is on a 1 month rolling contract as her 6 month ran out.
I would like your views as the letting agent is saying this is not accepted and has warned my tenant the contact is between them and her ( although my name is on the AST as landlord) and if she fails to pay them they will take it from her bond.
Ive try to reassure my tenant and have given her a letter to say the letting agent is no longer acting as my agent and a new agent will be in touch with details.
I really dont want to pay a month rent to get out but the contract is a bit vague. The letting agent are threatening to take me to court if i just leave.
help please :mad:
You have a contract with the tenant whereas the letting agent has no contract with the tenant whatsoever.
WRITE (ink, paper) to the tenant instructing her where to pay the rent money from now on. Possession is 9/10ths of the law after all. It's not down to the letting agent to decide what to deduct from the tenant's deposit. If the letting agent is making a threat like that then I would make a formal complaint and if that wasn't taken seriously I would escalate it to whichever redress scheme the letting agent is registered with.
I take it the letting agent has registered the deposit somewhere on your behalf. It is imperative that you get the deposit registered somewhere under your details and away from the clutches of the letting agency.
So what if the letting agent is threatening to take you to court it doesn't mean they have a case. They are probably just blowing smoke.
Please read G_M's guide to Letting Agents: tips for selecting and tips for sacking.0 -
I suspected this was the case about the tenants being mine so thank you. To raise a complaint with the property ombudsman I have to have exhausted all in house complaints procedures first, so I will be writing a strongly worded letter.
I'm scared the letting agent will take me to court for not paying the month to get out early but no where on my contract does it state a period of notice I need to give to go, just simply that my contract term is for the full duration of the agreed tenancy and then to end early I must pay 1 months rent.0 -
I thought you were the landlord.....bobbybuttons wrote: ».....
I'm scared the landlord will take me to court for not paying the month to get out early ......
If so, the tenant's (AST) contrct is with you (unless you've let the property to the agent who is your tenant, and the agent has sub-let to the occupant who is a sub-tenant).
read
* Letting agents: how should a landlord select or sack?0 -
Oops I meant letting agent sorry I've altered it now0
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My tenants are prepared to pay the new letting agent and not the old one so that's good. The problem I have now is I'm trying to get the documents relating to my tenants, AST inventory and my gas safety certificate. I gave the letting agent a deadline of yesterday to give me my items but I've not been sent them, I went in yesterday and was told the manager was dealing with it and they could not give me the details. I was also refused my property keys. I'm sure I'm entitled to my documents and certainly my keys. Not sure what to do now as my new letting agent will need these items in order to take over the management and keep my same tenants. Im also concerned as they hold my tenants deposit via tds, and after a call to them yesterday I was advised for the bond to be transferred the agent have to agree and sort this and I can't see this happening easily.0
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bobbybuttons wrote: »My tenants are prepared to pay the new letting agent and not the old one so that's good. The problem I have now is I'm trying to get the documents relating to my tenants, AST inventory and my gas safety certificate. I gave the letting agent a deadline of yesterday to give me my items but I've not been sent them, I went in yesterday and was told the manager was dealing with it and they could not give me the details. I was also refused my property keys. I'm sure I'm entitled to my documents and certainly my keys. Not sure what to do now as my new letting agent will need these items in order to take over the management and keep my same tenants. Im also concerned as they hold my tenants deposit via tds, and after a call to them yesterday I was advised for the bond to be transferred the agent have to agree and sort this and I can't see this happening easily.
I thought it was YOUR responsibility to protect the deposit?
I would write again to the letting agent giving them 7 days to return the keys, gas certificate etc... and state that if they do not do this, you will be billing them for £X which is the cost of changing the locks, a gas safety check etc... failure to pay will result in a small claims court claim.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
bobbybuttons wrote: »My tenants are prepared to pay the new letting agent and not the old one so that's good. The problem I have now is I'm trying to get the documents relating to my tenants, AST inventory and my gas safety certificate. I gave the letting agent a deadline of yesterday to give me my items but I've not been sent them, I went in yesterday and was told the manager was dealing with it and they could not give me the details. I was also refused my property keys. I'm sure I'm entitled to my documents and certainly my keys. Not sure what to do now as my new letting agent will need these items in order to take over the management and keep my same tenants. Im also concerned as they hold my tenants deposit via tds, and after a call to them yesterday I was advised for the bond to be transferred the agent have to agree and sort this and I can't see this happening easily.
Oh really? The new letting agency might want these documents but they do not need them for the tenancy to continue.
As above, send a letter before action to the letting agent instructing them to return the requested items to you.0 -
bobbybuttons wrote: »I am in a situation where i worked for a letting agent but was unfairly dismissed but thats a different story.
I have a property i let out with them and now would like to swap agencies as I no how they deal with people and i'm not happy to continue with them. - understand you want to disassociate with the old LA/employer, but if you worked for a LA, could you not manage yourself? (just a thought)
My contract with them states :the contract term will be the full duration of the agreed tenancy including fixed renewal periods and monthly(periodic) tenany periods. - this will be the crucial bit.. I'd check with a legal bod whether a relatively open ended contract is valid, but I suspect its fine. Also, what 'agreed tenancy' means, but sounds like your contract with the LA lasts as long as the current tenancy lasts, only terminates when the tenant moves out.
Then under this is contract termination which says The contract is legal and binding for both parties and can only be terminated early in agreement of both parties.In special circumstances we will consider early termination of this contract but will charge a termination fee equal to 1 calendar months rent.- steep, but thats what you agreed to.
No where does it state what notice i need to give so i have written a letter giving them a months notice to suspend from using their services. - there is no notice, you can only terminate early by mutual agreement and payment of 1 months rent. My tenant is on a 1 month rolling contract as her 6 month ran out. - okay, but this is part of the same tenancy.
I would like your views as the letting agent is saying this is not accepted and has warned my tenant the contact is between them and her ( although my name is on the AST as landlord) and if she fails to pay them they will take it from her bond. - this is incorrect, reassure YOUR tenant by referring to the AST contract between you and tenant.
Ive try to reassure my tenant and have given her a letter to say the letting agent is no longer acting as my agent and a new agent will be in touch with details.
I really dont want to pay a month rent to get out but the contract is a bit vague. - what's vague? contract lasts until tenant moves out, or by mutual agreement and payment of 1month rent. The letting agent are threatening to take me to court if i just leave. - yes, per your contract. Many agents make their money through a monthly commission without upfront fee. They don't work for free, so you can't just up and leave after paying commission for 1 month.
help please :mad:
As far as your tenant is concerned, the agent is irrelevant. The tenancy is between LL and tenant, and as LL you should write to the tenant instructing new address for serving notices, payment method etc.
You also have a separate contract with the agent, which sounds like it terminates when the tenancy ends (ie tenant moves out) or by mutual agreement on payment of 1 months rent. I'd check the contract length clauses are enforceable, but if they are then you'll have to pay the 1 months rent or keep the agent (even if that means just paying them commission but telling your tenant to just ignore them)0
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