How to cut ties with objectionable agent

archersfan

We used an agent to find us tenants last year - they were a bit slow but fine.
The tenancy was up for renewal recently so we negotiated with the tenants for another six months. We informed the agent and asked them to get a copy of the renewal to the tenants and us asap because we needed it to complete a re-mortgage application. We had to chase them up several times as did the tenants who even offered to go into their office and sign but were told not to! Despite calling several times and being told it had been sent (it never did arrive so goodness knows where they sent it to) I called for the umpteenth time as a matter of urgency and asked for it to be emailed to the tenants and ourselves. the tenants also did the same. The manager proceeded to shout down the phone at me, removed all responsibility on a member of staff who was away, talked over me and became more and more irate. She prceeded to have a wobbly and I had to remove the handset from my ear because her tirade was so loud, :silenced: anyway she said 'all this work for a property we don't even manage'!!!!
I terminated the call and my husband emailed and like magic an agreement appeared in a few hours. Although the tenant's details were incorrect and they had to ask for another one. :mad:
We now want to sever ties with them due to the rudeness (I was physically shaking through pure shock that a company we were employing were screaming abuse down the phone) incompetence and unprofessionalism.
How do we do this? Any ideas? I suspect the tenants may leave after the six months so that will fix the problem and we can go elsewhere. What if they don't though? I have heard of a rolling tenancy - would this mean that it stays as it is until they do leave? I idea of paying them again makes me feel nauseous.
Any advice would be grateful

Fire_Fox

Welcome! Your first job is to read your contract with the letting agency, that dictates whether you can sever all ties or have liabilities until the end of the current tenancy.

I am very concerned you know little about fixed terms and periodic tenancies as a landlord, you should really up your game before sacking the agent. http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12

Werdnal

Read the link above to understand how to manage the tenancy yourself. Even a bad letting agent may be better than no letting agent at all if you do not get up to speed on what you are doing.

If you agreement with the agent will allow you to cancel their management of the property - read the small print carefully as some charge a termination fee, whilst others will tie you into paying a % of rent until the tenant they found leaves the property - you must acertain where the tenant's deposit is, get it released to you and reprotect it within 30 days, otherwise you will be in breach of tenancy regulations and open yourself to a fine.

G_M

Start by reading this post;

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Then get out your contract with the agent and read it. Your post says

anyway she said 'all this work for a property we don't even manage'!!!!

- so what exactly are you paying them to do? And what are you paying? If anything?

If you initially employed them on a 'tenant-find' basis, were there any clauses in the contract relating to tenancy renewal? What if the tenancy simpy goes periodic (see link above).

Sounds to me like you should simply ignore the agents and either
* let the tenancy become a SPT or
* det up a new fixed term tenancy with the tenants yourself

archersfan

Thank you G_M for being helpful and not slapping me on the wrist!
I am new to all this, its not my career only a necessity to rent my house as I have moved elsewhere for work. I did lots of homework when setting out but was assured by the agency that they would spoon-feed me through this. Ive obviously been quite stressed about this and thought the first thing to do was to get some support/advice on here before plowing through contracts/ admin etc. I think I'll go elsewhere next time but thank you G_M.
I have copied the details of Ending/Renewing AST - extremely clear and useful.
Of course I have read the AST over and over again including the company's T&Cs this is the most relevant on there -
Our commission will be payable whether the tenancy continues as a fixed term or a periodic tenancy where we are instructed to act on your behalf

We paid £160 for the six months extension.

With regards to a possible termination there is this -
Either party has the right to terminate this Agreement in writing: -upon the Tenant’s vacation;-or if the other party breaks any important term or condition of this Agreement during a Tenancy where monetary compensation is wholly inadequate.
I agree with you and will let the tenants become SPT or hope they leave and I can go elsewhere.

Werdnal

archersfan wrote: »

Thank you G_M for being helpful and not slapping me on the wrist!

???

And in what way did the other posts here slap you on the wrist?

G_M

archersfan wrote: »

....Of course I have read the AST over and over again including the company's T&Cs
Just to be clear: the AST is the contract between you and your tenant. The 'company terms and conditions' are part of the contract bewteen you and the agent. The two are totally seperate contracts.

this is the most relevant on there -
Our commission will be payable whether the tenancy continues as a fixed term or a periodic tenancy where we are instructed to act on your behalf
What 'commission'? A one-off fee for finding a tenant? A monthly fee? If monthly, for doing what (since they do not seem to 'manage' the tenancy)?

We paid £160 for the six months extension.
So you have paid a one-off fee for a tenancy renewal; the agent does not 'manage' the tenancy; so it appears to me (without having seen the contract) that you now have no ongoing legal relationship with this agent. No?

With regards to a possible termination there is this -
Either party has the right to terminate this Agreement in writing: -upon the Tenant’s vacation;-or if the other party breaks any important term or condition of this Agreement during a Tenancy where monetary compensation is wholly inadequate.
I agree with you and will let the tenants become SPT or hope they leave and I can go elsewhere.

Have you and the tenant signed/exchanged this new tenancy which the agent eventually produced? If so, a new fixed term exists and you cannot go to an SPT. If it is not signed, why on earth have you already paid the £160?? (never pay in advance!!)

Are you still paying them anything on an ongoing basis? How much? For what?