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  • FIRST POST
    • Stubod
    • By Stubod 4th Oct 17, 11:03 AM
    • 409Posts
    • 239Thanks
    Stubod
    Changing agent
    • #1
    • 4th Oct 17, 11:03 AM
    Changing agent 4th Oct 17 at 11:03 AM
    Hi all,

    Last year we started to rent out a house we had been left and decided to use a local estate agent as an "agent". (10% charge which is fine by us). However we have experienced a lot of problems (eg mainly the agent not communicating information, under charging the tenant), and various other "issues" which in themselves are not major, but seem to be happening on a regular basis. We have therefore decided to change agents mid tenancy. Would the current agents be obliged to transfer across their files regarding the current tenant (ie credit checks etc.)? Obviously I do not expect the current tenant to have any extra cost, and ideal none myself. The new agent would then get the ongoing monthly fee.

    thanks for any replies
Page 1
    • Comms69
    • By Comms69 4th Oct 17, 11:10 AM
    • 447 Posts
    • 310 Thanks
    Comms69
    • #2
    • 4th Oct 17, 11:10 AM
    • #2
    • 4th Oct 17, 11:10 AM
    What does your contract say?


    and what do you mean under charging the tenant?
    • saajan_12
    • By saajan_12 4th Oct 17, 11:28 AM
    • 833 Posts
    • 547 Thanks
    saajan_12
    • #3
    • 4th Oct 17, 11:28 AM
    • #3
    • 4th Oct 17, 11:28 AM
    Would the current agents be obliged to transfer across their files regarding the current tenant (ie credit checks etc.)? Obviously I do not expect the current tenant to have any extra cost, and ideal none myself.
    Originally posted by Stubod
    Why do you need the credit check files? The tenant is in the property, so their past credit quality is irrelevant now. The checks are just to help you decide whether to rent to someone, now there's nothing you can do if you no longer like the contents for the files that you can't do anyway.

    The new agent would then get the ongoing monthly fee.
    Originally posted by Stubod
    Check the terms of your agreement with the current agent - it might specify they are due their fees as long as a tenant they found is in occupation (may be negotiable / unenforcible but still check). Also see if you can negotiate a lower fee with the new agent - often this includes a % for tenant finder services but the new agent only has to manage the tenancy ongoing.
    • G_M
    • By G_M 4th Oct 17, 12:32 PM
    • 41,425 Posts
    • 47,765 Thanks
    G_M
    • #4
    • 4th Oct 17, 12:32 PM
    • #4
    • 4th Oct 17, 12:32 PM
    See

    * Letting agents: how should a landlord select or sack?
    • Stubod
    • By Stubod 4th Oct 17, 1:18 PM
    • 409 Posts
    • 239 Thanks
    Stubod
    • #5
    • 4th Oct 17, 1:18 PM
    • #5
    • 4th Oct 17, 1:18 PM
    ..ta for the replies. The agreement we have states 14 days notice of termination.

    The previous tenant should have paid up to the new tenant moving in (6 month contract, but they left 1 week early and the agent only charged up to the date they left rather than the date they were contracted to...)
    • Comms69
    • By Comms69 4th Oct 17, 1:25 PM
    • 447 Posts
    • 310 Thanks
    Comms69
    • #6
    • 4th Oct 17, 1:25 PM
    • #6
    • 4th Oct 17, 1:25 PM
    So you wanted no gap between tenants? What if they had trashed the property?
    • eddddy
    • By eddddy 4th Oct 17, 1:30 PM
    • 5,253 Posts
    • 4,893 Thanks
    eddddy
    • #7
    • 4th Oct 17, 1:30 PM
    • #7
    • 4th Oct 17, 1:30 PM
    ..ta for the replies. The agreement we have states 14 days notice of termination.
    Originally posted by Stubod
    That seems very short. Are you sure that relates to their management service, and not their tenant finding service?

    i.e. If they're trying to find a tenant but can't find one, you can give them 14 days notice - then instruct another agent to find a tenant.
    Last edited by eddddy; 04-10-2017 at 1:33 PM.
    • aneary
    • By aneary 4th Oct 17, 1:46 PM
    • 597 Posts
    • 448 Thanks
    aneary
    • #8
    • 4th Oct 17, 1:46 PM
    • #8
    • 4th Oct 17, 1:46 PM
    So you wanted no gap between tenants? What if they had trashed the property?
    Originally posted by Comms69
    That isn't what the OP said.

    The LA charged the tenant a week less than they should have.

    You should really learn to read before replying in that manner.
    • Stubod
    • By Stubod 4th Oct 17, 3:10 PM
    • 409 Posts
    • 239 Thanks
    Stubod
    • #9
    • 4th Oct 17, 3:10 PM
    • #9
    • 4th Oct 17, 3:10 PM
    ..Hi Aneary..thanks for clarifying that .. and the contract states 14 days notice after 12 weeks, (agreement signed end of last year)...
    • G_M
    • By G_M 4th Oct 17, 3:13 PM
    • 41,425 Posts
    • 47,765 Thanks
    G_M
    ..Hi Aneary..thanks for clarifying that .. and the contract states 14 days notice after 12 weeks, (agreement signed end of last year)...
    Originally posted by Stubod
    Sounds like a typical sole agency agreement for sale of a property, not a tenancy management contract.

    However, if you're sure, then fine - give them 14 days notice.

    (but still read my guide above....)
    • Stubod
    • By Stubod 4th Oct 17, 6:18 PM
    • 409 Posts
    • 239 Thanks
    Stubod
    Thanks G_M... It is a sole agency agreement, but it also includes various levels of service from tenant find to "fully managed". We only have the one agreement and the "14 days" termination is all I can find regarding ending the agreement...but I will treble check!..
    • G_M
    • By G_M 4th Oct 17, 9:18 PM
    • 41,425 Posts
    • 47,765 Thanks
    G_M
    As I said, 'sole agency' is a term usually associated with Estate Agents' sales contracts, not Letting Agents' tenancy management contracts.....
    • eddddy
    • By eddddy 4th Oct 17, 11:04 PM
    • 5,253 Posts
    • 4,893 Thanks
    eddddy
    As I said, 'sole agency' is a term usually associated with Estate Agents' sales contracts, not Letting Agents' tenancy management contracts.....
    Originally posted by G_M
    'Sole Agency' is also used in letting agents contracts - but it's only really relevant to the tenant finding part.

    Looking at this random example of an EA's LETTINGS TERMS OF BUSINESS - page 3 explains that they offer 'Sole Agency', 'Joint Sole Agency' and 'Multiple Agency'.

    See: https://www.chancellors.co.uk/pdf/sampleterms.pdf
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