Changing Letting agent while tenant is in my property?

WestHamDaz

Hi,

I am growing increasingly frustrated with the service I am getting from my letting agent.
My house has a tenant in (been in 4 months now) and is fine however the service I am getting from my letting agent is terrible and certainly not worth the 11% I am paying them. Ive had no paperwork or details of this current let, they are/were supposed to do a first monthly inspection and send me the report, yet ive had nothing, and also this was the case for my first tenant too. They have failed to do a comprehensive inventory during the changeover of tenants, and finally they failed dto notify me that my forst tenants had moved out and I only found out when I queried the fact that I hadnt received any rent that month only to be told the tenant had moved out 3 weeks prior.

Now, the agent is a week late paying the rent to me despite the tenant paying her rent to the agent on August 2nd. this is the final straw and want to 'sack' the letting agent.

Can I do this while I have a tenant in that they organised or do have to wait. According to their contract they have failed to honour certain terms so could I go down the 'breach of contract' route?

clutton_2

what are the certain terms ?

WestHamDaz

Well according to the contract I received from them it state that they will do an intial inspection after the 1st month of a tenant moving in and report it back to me. then inspections on 3 month intervals. Ive had 2 tenants and so far not received any inspection reports. They also state to send me a copy of the inventory at the start and end of a tenancy. I recieved one when my first tenant moved in and thats it. They also state the notice period given for tenants and that they will liase with the landlord as to what happens next.

When the first tenant left the agent failed to notify me, leaving me out of pocket for 3 months until a new tenant was found. I spoke with them at the time ot let them know i wasnt hapy with their service and they had failed on at least 3 points of the contract they sent to me stating what they would do for a fully managed let. At this time they said they had found a new tenant, so I said to them that I am unhappy with their service but will go ahead with the new tenant as they had everything in place for her to move in. Since then their service has not improved and Ive had enough.

This agent arent a 2 bob organisation, they are a very big estate and letting agent in the north east and I expect at much better level of service for the money I am paying them, and I have now had enough.

DVardysShadow

Have you recorded your issues in a letter to them and given them an opportunity to do it right? You do seem to have grounds to sack them, but it is generally much easier to do and defend if you tell them of their breach and give opportunity to rectify or not to repeat.

WestHamDaz

Initially it was a phone call, and backed up in an email (to which they never responded but I have a read receipt) but I have not recorded my issues in writing. However, a letter is going in the post today outlining everything

They admitted the error in not notifying me when my 1st tenant gave notice and accepted their service should have been better verbally. Since my 2nd tenant moved in I have recieved no documents or paper work relating to this new let, unlike when my first tenant moved in ( I had copies of the agreement, the letting agents contract with me, inventory etc)

clutton_2

did you hire them to do tenant find only or fully managed let ?

WestHamDaz

Fully managed let, I now live 250 miles away and as much as Id like to handle the rental myself it is just not possible with the distance and my job.

They went ahead and organised the 2nd tenant without telling me, and like i say i only realised the 1st tenant had gone when i hadnt received the months rent and saw my house on their website up for let again.

JayZed

WestHamDaz wrote: »

When the first tenant left the agent failed to notify me, leaving me out of pocket for 3 months until a new tenant was found. I spoke with them at the time ot let them know i wasnt hapy with their service and they had failed on at least 3 points of the contract they sent to me stating what they would do for a fully managed let. At this time they said they had found a new tenant, so I said to them that I am unhappy with their service but will go ahead with the new tenant as they had everything in place for her to move in. Since then their service has not improved and Ive had enough.

I didn't think that my opinion of letting/managing agents could get much lower, but that's really shocking. I'm surprised that you didn't sack them at the time.

Did you sign a new contract with them when the new tenant moved in, or are they still operating under the original contract that you signed with them?

WestHamDaz

JayZed wrote: »

I didn't think that my opinion of letting/managing agents could get much lower, but that's really shocking. I'm surprised that you didn't sack them at the time.

Did you sign a new contract with them when the new tenant moved in, or are they still operating under the original contract that you signed with them?

Ive signed nothing, nor seen any paperwork relating to the new tenant.

I was going to tell them to shove it when i found out that the first tenant had moved out, but they told me a new tenant had been found and she was bringing her deposit in that week. As it happens i remember now that I even had to contact them again as they failed to notify me teh date she moved in, and like i say, i had (and still havent) received any paperwork regarding the new tenant and this is the 4th month she has been in

clutton_2

if they are a national company i would go thru their complaints procedures. if they are a one man band - i would firstly get all the relevent paperwork form them, then sack them, find a new agent, write to the tenant to get them to stop sending money old agent and start sending money to new agent. you will need to read AST to see if tenant knows who their LL is - if they dont, then i suggest that you download Land Registry proof to show tenat the proof that you do indeed own the property, as tenant may be reluctant to act upon the instructions of an unknown person out of the blue asking them to stop paying their rent

WestHamDaz

They are a sales/letting agent in the north east town, not a national company, nor a 1 man band.
I have told them today that I am not happy and want to end my association with them as soon as possible and they have come back and said they will ' [FONT=&quot]facilitate the change in agents as best they can'

Thanks for all your help and this matter, it is very much appreciated.
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