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19lottie82
Posts: 6,027 Forumite
I own a flat that I rent out.
3 years ago I used a local branch of a local LA to find me a tenant and then complete the relevant checks, and produce the lease. Before the flat was marketed I signed a contract with the agency. They took the first months rent and paid it to me, minus their fee.
2 months ago my tenants moved out so I called the same agency and asked for the same service, they agreed over the phone and I was advised of the fee (£400 + VAT). I haven’t been asked to sign anything, and we have been keeping in contact via email. There is nothing in their communications detailing any terms ect.
Anyway, to cut this long story short, they still haven’t found me a tenant. The flat is in good condition and reasonably priced, I just the market is slow at the moment.
I have a friend of a friend coming to see the flat at the weekend and they seem very interested. The agency had nothing to do with this viewing. If they take it can I withdraw the agencies services without penalty?
I can arrange the lease, checks and deposit protection myself.
Any advice is welcome.
Thank you.
3 years ago I used a local branch of a local LA to find me a tenant and then complete the relevant checks, and produce the lease. Before the flat was marketed I signed a contract with the agency. They took the first months rent and paid it to me, minus their fee.
2 months ago my tenants moved out so I called the same agency and asked for the same service, they agreed over the phone and I was advised of the fee (£400 + VAT). I haven’t been asked to sign anything, and we have been keeping in contact via email. There is nothing in their communications detailing any terms ect.
Anyway, to cut this long story short, they still haven’t found me a tenant. The flat is in good condition and reasonably priced, I just the market is slow at the moment.
I have a friend of a friend coming to see the flat at the weekend and they seem very interested. The agency had nothing to do with this viewing. If they take it can I withdraw the agencies services without penalty?
I can arrange the lease, checks and deposit protection myself.
Any advice is welcome.
Thank you.
0
Comments
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That would depend on the terms you agreed with the agency which, sadly, I unable to read from here0
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It sounds like what you had previously is a let only or tenant find service? I assume that they were not dealing with any maintenance or collecting rent for you which would have been a managed service? This is the only case where you could still be held to your contract. Assuming that you did only use them on a tenant find basis previously, you would only be liable to pay the agency if they find you a tenant this time, though if they have not signed new Terms of Business with you, they would be hard pushed to charge you for anything anyway! (unless it was an ongoing managed service contract as previously explained). At the moment, it sounds like all they are doing is advertising the property for you and you should be free to find your own tenant. Just let them know if you find a new tenant yourself so they can cancel the advertising.
Hope this helps.0 -
Hello! Yes it’s just a tenant find service, I manage the property myself.
I will obviously let them know straight away if the viewer scheduled for tomorrow wants to take the property. I just want to be prepared for if they still ask for the fee.0 -
Hi Quiz - thanks for the heads up, but I do know them and my friend has known them for 20+ years. They are both in steady jobs ect, but I will still make sure I carry out the necessary checks before agreeing to anything.0
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They could only do that if they introduced the Tenant, they would have no claim on any fee for a tenant you found yourself. Best of luck!0
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Artfull. Apologies I totally missed your reply.
What terms did I agree to? As far as I know £480 when they found me a tenant. This was agreed verbally.
I haven’t signed anything (apart from the first time they let my property, 3 years ago which I assume doesn’t apply to this transaction?), and there are no other terms detailed in our email chain, which I re read today.0 -
I can't see any way they could charge you a fee if they don't find you a tenant, based on what you've written.
As an experieenced LL, I'm sure you can handle the tenancy agreement, inventory, deposit, statutorily-required documents etc, so......
go for it!
(though I'm always wary of mixing tenances with friends/family - but it's a personal decision)0 -
It was probably an email exchange you didn't notice or a form you signed. Ask them for a copy of what you agreed.19lottie82 wrote: »....I haven’t signed anything (apart from the first time they let my property, 3 years ago which I assume doesn’t apply to this transaction?), and there are no other terms detailed in our email chain, which I re read today.0 -
Definitely not on an email. I double checked today and I haven’t even seen them in person. Everything has been done over the phone, they just used the photos from when it was last let.0
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