Bypassing the EA and renting direct from LL

huntersc

We're supposed to be moving into a property on Monday. We first noted our interest in the property over a month ago, the EA has been completely useless at every stage. We don't even have contracts signed yet. We've asked questions about the property and they fail to answer them every time. Basically the EA is not very good and could easily be described as incompetent which is a worry for the future.

We have met the owner, he's a really nice guy, not a professional BTL, he's having to move out of London for 12 months because of work in Scotland.

I was wondering what the rules were with regards to renting direct from the LL rather than via the EA. I know they introduced us and normally I would want to make sure they get their cut but they've been so completely useless that I think it makes total sense to ignore them and rent direct. If I want to speak to one of them it would take me a day for them to come back to me. I called them on Wednesday about something, they still haven't returned my call.

So my question is, legally, can I and the LL make a deal between ourselves without being liable to the EA? What if we rent under different terms or at a different price for example? Would that make a difference?

For one I'm annoyed at how bad they are at dealing with us but I'm also a bit concerned about whether they will competently deal with any issues that come up.

Any suggestions?

tbs624

Depends on what the terms of the contract between LL and LA are.

There is nothing to stop you talking to the LL about it all but if he's going to be at the other end of the country, and he is not an experienced LL who has an established network of repair companies on hand to deal with potential problems, he may prefer to be using the LA.

Even if the property remains with the LA you could ask the LL whether he is okay about you contacting him direct if you are having difficulty with the LA:many LLs are unaware how their tenants are actually treated by the LA.Once you are signed up you are legally entitled to know your LLs name & address, and you could exchange email addresses.

The CAB are currently campaigning on LA related issues btw - see http://forums.moneysavingexpert.com/showthread.html?t=1136079

NoMoreFaith_2

The problem will be that the fees would be demanded by the agency regardless of whether you change the terms or price, because they have introduced you to each other, and it was through them that you found the property, showed you the property, and began to administer the tenancy (competently or not). Check your terms and conditions you signed with them thou.

Its quite common to not sign the tenancy agreement until the day you move into the property with agencies, but hopefully they will be more competant once you do so. However, since you've met the landlord, are they actually managing the property?

HGLTsuperstar

Whether they get their cut is your LL's problem not yours. You need to know who your contact is to be with during the course of the tenancy, i.e. who do you call if the washing machine packs up - LA or LL?
He may have paid them for a full service i.e. up until you move out, or just the initial signing.
With the incompetent LA I'm now taking to court, the story kept changing - first they left me a voicemail telling me off like a naughty school girl for phoning the LL to introduce myself (I thought it was good manners) then later they claimed the whole check-out procedure was nothing more to do with them!
So probably if you can just deal with one rather than two idiots it'll be half the headache.