Grounds for ending a contract with letting agency.

Davide137 · 22 May 2018 at 6:06PM

Grounds for ending a contract with a letting agent.
By law I am classed as a consumer landlord as I am travelling aboard and renting out my home.
Background. I rejected Dexter!!!8217;s Contract in 2015 when I saw the expensive terms in their contract. The offered to renegotiate the contract and we agreed on some terms. Though still they sent me their normal contract. I was under pressure so I wrote on the contract terms as agreed by email and signed it by docsign. I would manage the property myself.
They then sent another contract to sign which I did not. The person I negotiated with left suddenly.
There though it is written on the front
agree and understand the conditions set out below are in addition to the terms and conditions detailed above and on the reverse.
Dexter!!!8217;s than blocked my access to this contract.
It was not made clear to me that the rest of the contract still stood and that any renewal fees would still be due. Since then I have had no contact from Dexter!!!8217;s apart from two emails in two and a half years.
So, these are the first reasons I have for ending the contract. Dexter!!!8217;s blocked my access to the signed contract and did not allow me access until March 2018 when I complained to the Director.
Dexter!!!8217;s gave conflicting information. The first negotiator said that they had carried out references on the tenants. The new negotiator told me they had not and they could not therefore recommend the tenants. Dexters insisted on collecting the rent for the sole reason of collecting their commission so no service to the landlord.
Point two is in the guidance given by the Ombudsman it states
1h You must keep clear and full written (*) records (*) of your relationship with landlords and tenants for at least six years. Those records must be produced when required by the Ombudsman.
Dexters admitted that they did not keep the emails of our negotiations at the start of the contract.
Point 3 is that the guidance given by the Ombudsman also states.
5m Your Terms of Business must include clear and accurate information regarding the circumstances under which either party to the contract may cancel or terminate the arrangement and they must actively flag what liability for fees or charges may be incurred in those circumstances.
My contract with Dexters does not give this.
Point 4 again the guidance from the Ombudsman says
9f You should advise your client that standard terms or clauses or fees and charges deemed unfair by the Courts under these regulations are unenforceable.
In short to try and force people to continue paying commission for any longer period (indefinite)where it has not been drawn to their attention is unfair terms,likewise if no services are provided - the OFT and ombudsmen reminded many agencies of these findings, though apparently many continue to try and exercise this perceived right.
Dexters did not do this. They did not inform me about the Foxtons case and the fact that as a result Foxtons limit their terms to 24 months. Dexters claim this case has no bearing on them. They encouraged me to sign a contract for 30 months.
Point 5. The Ombudsman also says they do not like open contracts. Yet this is what Dexter!!!8217;s offer. Terms in the contract say
2.1 In the event that Dexter!!!8217;s introduces a Tenant who enters into occupation of the Property, the Commission shall become payable to us for the entire duration of the Tenant!!!8217;s occupation under the Tenancy.
3.4 In the event of the Tenancy being terminated, it is agreed that we will be re-instructed to find replacement. Tenants on a Sole Agency basis for a minimum period of 12 weeks from the date of the notice being served
Point 6. Another term in the contract with Dexter!!!8217;s states
3.13 We reserve the right to alter our terms and conditions or administration charges by giving no less than three month!!!8217;s written notice.
The Ombudsman guidance says
5r Any change to the Terms of Business must be: !!!8226; mutually agreed by you and your client; !!!8226; promptly confirmed in writing;
In January 2018 I wrote to Dexter!!!8217;s to say that the tenants were negotiating with me a new contract. Dexter!!!8217;s replied that a fee would still be due. I wrote back that my understanding was we had a contract by email which did not say anything about renewal. I then asked to be allowed to see the contract.
Point 7. Dexter!!!8217;s were constantly quoting terms and conditions from a contract which they denied me access through docsign. The Director allowed me access in March 2018 to the contract and later rejected my complaints.
I agreed on new AST with the tenants from 26th April 2018 for six months as they asked for, They informed me by email that they had spoken to Dexter!!!8217;s about this.
From March 2018 Dexter!!!8217;s have been sending me invoices and demands for 12 months fees to be paid immediately. They have not checked with me what the new contract is. They are now threatening legal action. I have replied their fees are not based on the facts. This clearly shows trust has broken down between us.
Point7. I informed Dexter!!!8217;s in an email that my official address I gave was no longer available to me. Dexter!!!8217;s are still using this address on their official demands and invoices.
Point 8. Another maladministration is that Dexter!!!8217;s do not seem to know there are three tenants in the property they think there is just one they informed me in an email.
Point 9. In the case at Willesden County Court which rejected the claim by agents that they were able to collect fees as stated in the contract even if they did no work. I know this is not binding but does it not give an indicator of how the courts view this?? Again Dexter!!!8217;s did not tell me about this ruling.