can I 'sack' our letting agent?

MrsAmanda_2

We have a flat which is currently rented out. We went back to the same estate agent whom we bought it through to resell it. No-one wanted it, so they suggested renting it instead (they have a lettings division). It has now been rented (we're on the third set of tenants) for about 3 years. In that time, the servicve from the letting agent has got much worse. I've written before about our dreadful tenants - much of the situation was created or exacerbated by the agents.

We had new tenants move in about 6weeks ago, on a year's contract. They seem amenable people, judging by information I've gleaned from the agent, but I've reached the end of my tether with the agent.

I'm rather supposing I'll hear a resounding 'no' but is there any way I can get shot of the agent and keep the tenant? If we could, we'd switch to another agent as we don't live locally and managing it ourselves would take more time than we can afford.

Or, do I have to serve notice to the tenant, if I can, in order to wash my hands of the agent?

runninglea

Normally you can give a letting agent two months notice - this needs to be done in writing.

You can then keep the tenant and either do it yourself or advise another letting agent.

My OH is currently doing this and she is having a go at letting/ managing them herself.

MrsAmanda_2

Well, that's a better response than I was expecting!
These people are causing me so much stress I want rid as soon as I can.

BitterAndTwisted

You need to read your contract with the agent very carefully to ensure that you know what the notice-period is. I've heard of agents who consider any tenants they find for their landlords as "theirs" so expect to have some exchanges about this with them. The tenants are contracted solely to the landlord with the agent acting purely as an intermediary, so don't be pressured into doing anything you don't want to. Like paying them. I expect you've already been charged a tenant-finding fee. Also expect to have to press quite hard for all documentation regarding the tenancy to be supplied to you.

GuidoT

If the LA is not doing his job then get rid, take control, but be careful.

Make the necessary arrangements with the tenant to pay the rent etc. direct to you or the new agent.

As B&T says check the terms of your contract with your LA, although they are likely not to be in your favour.

Those terms may contain no determination clause, in that case you need to write to the LA saying specifically what they have failed to do then say that you are terminating their appointment.

MrsAmanda_2

Thanks, I'll have a read through the plethora of very fine print and see what it says ....

dehydrato

We are in a similar situation, we are having to pay the LA 1 month rent + vat in order to keep the tenant they found. However, when we worked it out it is cheaper to do this than readvertise, possible vacant time & relisiting fee with another agent.

princeofpounds

You can sack them as per your contract. It's purely a contractual relationship. If there is no provision for sacking them then you are in a special situation and come back for more advice.

Make sure you understand fully your landlord's responsibilities.

G_M

There are two contracts.

One is between you and the agent. Read it. It will tell you what notice period is required to end it.
The other is between you and the tenants. As said above, the tenants have a contract with YOU not the agent. The agent is .... just your agent. Acting on your behalf. So the tenants are YOURS.

Your steps are:

1) decide if you are going to appoint a new agent, or DIY
2) If new agent, select one (CAREFULLY!)
3) If DIY, learn how here
4) Give appropriate notice to old agent and request:
a) all original documents eg tenancy agreement, tenant references, guarantee deed if relevant, correspondance etc
b) details of deposit scheme, and arrangement of transfer into your (or new agents) name
c) final account, and return of any rent held by agent
5) speak to the tenants (yes, speak - preferably face to face so you establish understanding)
6) write to tenants to formally confirm the conversation ie
a) who do they now pay rent to, and from what date
b) who do they contact with problems
7) It can sometimes be a good idea to start the tenants paying rent to you before the agent contract expires. That way the agent is less likely to hold money owed to you which they can claim/dispute. If the agent says the tenant is in arrears, just tell the tenant not to worry and ignore any agent letters, and make sure they have a receipt for the rent they've paid you. Good communication is the key!