End of Tenancy - can i change agents??

adam14675

Hello,
Would be grateful for advice from anyone who knows the answer...

I'm nearing the end of a one year short hold tenancy agreement. Both the landlord and i would like to cut the existing agent out of a renewed agreement and place the deposit in the Tenancy Deposit Scheme.

The landlord has been led to believe by the agent that they can't do this (or move to another agent) if i remain the tenant. Only if there are new tenants.

Is this really the case??

Thanks!

Notlob

Shouldn't the LL be asking this question?

I would suggest that you ask the LL to provide you with the agents T&C. You will get a better idea what the LL obligations are.

scrummy_mummy_2

Don't see any reason why not....the agent acts on behalf of the LL and promises to undertake the duties of 'looking after' the rental requirements (legal and day to day) of this property. They thus provide a service (for which they receive payment!).
If the LL no longer wants them to look after certain elements of the property (such as holding the deposit) he needs to either terminate his agreement with them, or renegotiate the Terms with them.
Obviously they don't want to loose elements of a 'package' where they can make charges for services and will object, but I am not aware that they can do anything (legally) about it if the LL decides (for example) he is now going to manage the property himself once your current agreement comes to an end.....they may threaten charges/fees etc, but my feeling is that they are unlikely to follow through with court action...even if there is some clause in an agreement they have with the LL.....Estate Agents and letting agents use a lot of huff and puff but most of it wouldn't actually stand the test of court action, they try to scare people off rather than base their claims on statute!
If the LL wants to retain some of their services and now drop others, I think you may have a different issue and they CAN refuse to manage the property for him unless he accepts their Terms of Business and part of that may be that they determine which scheme the deposit is held in whilst it falls under their remit.....

silvercar

I bet the landlord's contract with the agent specifies that the agent is entitiled to commission whenever the existing tenant renews. The logic being that the agent would get commission from finding a new tenant.

If I recall the OFT has considered this to be an "unfair term" as the agent needs to do no work to renew the contract.

The problem is (similar to the current bank charges debate) that the contract states one thing but the OFT determining it as unfair is not the same as a court saying its illegal to charge.

The answer is probably for the landlord either to agree a lower commission and finish with the agent or give notice to the agent now (months ahead) that he won't be using his services after a certain date. The onus is then on the agent to take the landlord to court; but having been given sufficient notice and the OFT statement the agent would be unlikely to do this.