Question to all landlords using a letting agent

G_M

We told both agents that whoever found a tenant first would have our business. The new agents made an effort and got the business.

This is fine for a tenant-find service, but a very unwise way to select an agent to manage the property long term.
As the OP has discovered, the difference between a 'good' managing agent and a poor one is critical. For a LL to base his decision on the luck one has in finding a tenant fast is reckless.

Check if they belong to ARLA or similar
Read the terms os service in detail and make sure it is clear what they will/will not include in their service, and how quickly
Check an agent has a good code of practice and complaints process
Check if there is a Head Office you can turn to if there are problems
Ask to speak to existing LLs on their books for references
Send a friend in posing as a potential tenant to see a) how they are treated and b) what fees they charge tenants
etc etc

m_13

Not reckless at all! The old agents made no effort at all and just resigned themselves to not having the business. They put a placeholder up on rightmove with no content and didn't even market the property.

However, I agree that if you think the two companies might genuinely compete then basing your decision on this alone is daft!

Engeroosi

Never use letting agents to manage your property is my advice, my experience of them is that they are trying to make money for doing nothing!!! I had similar problems as the OP. Late payments and also the agents never inspected the property and I never recieved any reports!!!

Basically I took them to court and won.

If your agents are by the name very similar to "easyjet" but are "LET"ting agents then I suggest you seek legal advice!!!

emmajayne1982

Thanks again for the advice.
There is no question as to whether I will be changing letting agents or not but the question is whether I can do so keeping my current tenant.
I would love to not have to use an agent at all but unfortunately I live about 400 miles from my property due to re-location for work.
The new agents are looking over my contract to see whether they can find a clause that states that whoever finds the tenants has a right to a % of rent from the.
If they do I think unfortuately I will have to give my notice to the agents and tenant and start from scratch...

Soniclord

emmajayne1982 wrote: »

The new agents are looking over my contract to see whether they can find a clause that states that whoever finds the tenants has a right to a % of rent from the.
If they do I think unfortuately I will have to give my notice to the agents and tenant and start from scratch...

The part I've highlighted in bold is complete and utter rubbish. Sorry for being so blunt but regardless of whether you sack the agent or not, if you choose to want to keep the tenant IN YOUR HOUSE and they want to stay the agent CANNOT do anything about it. If you go to your tenant and say you are the landlord and the agency are no longer managing the property but you are appointing a new letting agency to manage the property, no letting agency can tell you OR tell the tenant to leave YOUR HOUSE.

The most important part is it's YOUR HOUSE. Therefore if you sack the agent and still wish to let the house out to the tenant and they want to stay, ask yourself seriously what can the old (sacked) agent do about it? Can they tell you who you can and can't rent your house out to? Of course they can't.

Also if the agency start playing silly buggars, simply give your tenant notice, inform your old agent they will be leaving after the 2 months notice (but obviously keep the tenant and still have them living there, and don't tell the agent!!) that way they think the tenant 'they found' isn't there anymore so they aren't entitled to sh*t.... Others have pointed out they aren't entitled to sh*t anyway once you sack them, unenforcible terms in contracts agents put in which they think they can get away with but which won't be enforced by any court, as a lot of them are unfair terms.

Then just draw up a new tenancy agreement via a new lettings agency (if they will take on the management of a property with a tenant??) they should do, surely no letting agency will refuse to manage a property just because a tenant is already living there, as they will still make money from it.

Keep us informed anyway..

Good luck!!

emmajayne1982

Thanks Soniclord - I fully understand what your saying, it is my house afterall.

I think that I was dubious because regardless of whether it's my house or not I have still signed an agreement with their stupid terms&conditions.
I will keep you posted...

moneybunny123

I'd LOVE to know who your letting agent is because this exact same thing happened with us. Our agent was passing money on to us later than the 10 days after the tenant pays - which was in the contract. We would wait up to a month sometimes - and only get that when we rang up to pester them.

Eventually, we gave them notice and it has turned out for the best. They couldn't come after a share because it was outside of the term stipulated in the original agreement.

It turns out that our letting agency GROSSLY misrepresented both us and our tenants on many levels. They took their 10% every month for being plain, old incompetent.