Breaking contract with Sykes Cottages

Pipster007

I have 2 properties which I let as holiday lets.

One of these was with Sykes Cottages when I purchased it, so I inherited Sykes and the bookings with them. I found them to be adequate and discussed with them the possibility of moving my other over to them. I also intended to holiday let my home for the summer period so potentially they would have all 3. I bartered a deal with them where the commission they took from me they would reduce from 22% to 18% and they could list the 3.

This was arranged at the start of this year. Then lockdown happened and work ceased on my home.

By this point Sykes had only managed to secure 1 booking on the existing let.

After lockdown, when it appeared holiday lets would open again on July 4th, Sykes did not manage to secure bookings. I listed with Airbnb who saved the day. Sykes had only 1 booking in the entire summer. I was extremely disappointed. I also noticed they had began reducing prices. Xmas week was already discounted by 15%. I spoke with them about this as I was extremely annoyed. With Airbnb I had not had to reduce so I didn't see why Sykes would need to. They said they would stop doing this.

I handed in my notice for this property (it is 6 months) and this ends in December this year. I also advised at this time that I did not wish to list the other properties with them, my home as it is nowhere near finished (am probably a year behind) and the other let as with the let they did have, for this whole year they have managed to secure 4 weeks only, out of a suggested 33. Sykes advised they would charge £500 per property termination (£1000 total)

I discussed this with Sykes who said if I put the other property live with them they would waive the termination fees for my home. I have completed their questionnaire but haven't yet sent the fire risk assessment as it isn't due to go live until January 1st 2021. I had meant to get round to it this week, August is pretty busy, but that's by the by, we are miles away from January

Today I checked on the website to see they have been discounting weeks again, where they are not supposed to be. I've had enough of them. I want them just to go away.

My questions are:

I am sure I have signed to agree the termination fees however do I have any grounds to dispute them?

My home has no go live date as it is still a construction site, they have taken no photographs etc. The date on the contract said TBC

They have broken their side of things, their contract with me if you will. They are not providing the service they implied (I can't say promised as it is a suggested number of weeks but let's be real here, it's a kind of promise and we all know that)

If I do have any grounds to dispute this are there any magic words I should be using?

Sorry if this is wrong thread / wrong place / already been asked etc. I've never written on a forum before. I have read the rules and hope I have got this right. Thank you for any help you can offer me.

Aylesbury_Duck

It's a business to business contract so you probably won't get appropriate advice here.  The consumer rights around termination, etc. are different from those you have as a business because you're expected to exercise more due diligence, have more contractual knowledge, advice, etc.  A consumer's inexperience is somewhat protected by consumer rights.  I suggest you get some legal advice, or perhaps some initial advice from a local business group such as a chamber of commerce.

Pipster007

I did wonder if I'm a business. I mean, I know I am, but I'm just a consumer who fills in a tax return!

Thanks for the above. Really appreciated

isplumm

Pipster007 said:

I did wonder if I'm a business. I mean, I know I am, but I'm just a consumer who fills in a tax return!

Thanks for the above. Really appreciated

How can you not be a business - renting out two properties?

Pipster007

Because I have no business name. I work full time. The situation evolved rather than was me setting up a business. I guess that makes me a sole trader? Not that I am trading as anything. I'm just me

TonyMMM

Doesn't matter whether it has a name or not - you are running a property lettings business. You are bound by whatever contractual agreements you have with other businesses, not as a consumer.

Pipster007

Thanks for not answering my initial post .... I fail to see the help in your message ....

I guess forums are just about arguing, hence why I have never posted before

Thanks so much to the first respondant for their advice. I shall follow it hopefully and sincerely can't thank you enough, how right you were that I would not receive the help within this thread / forum

jonesMUFCforever

Pipster007 said:

Because I have no business name. I work full time. The situation evolved rather than was me setting up a business. I guess that makes me a sole trader? Not that I am trading as anything. I'm just me

Whichever way you want to wrap this up - you are in business (part-time) to let out between 2 and 3 properties.The incomes and expenditures should be kept apart and in a Business account.
I hope that you have public liability insurance? If not and somebody had an accident at one of your properties - do you have deep enough pockets to be able to potentially pay out many thousands of pounds in costs and damages?

Pipster007

jonesMUFCforever said:

Pipster007 said:

Because I have no business name. I work full time. The situation evolved rather than was me setting up a business. I guess that makes me a sole trader? Not that I am trading as anything. I'm just me

Whichever way you want to wrap this up - you are in business (part-time) to let out between 2 and 3 properties.The incomes and expenditures should be kept apart and in a Business account.
I hope that you have public liability insurance? If not and somebody had an accident at one of your properties - do you have deep enough pockets to be able to potentially pay out many thousands of pounds in costs and damages?

Wow, Keyboard Warrior, yes I do.

Please don't confuse me with you

(I guess forums are just about arguing)

jonesMUFCforever

Pipster007 said:

jonesMUFCforever said:

Pipster007 said:

Because I have no business name. I work full time. The situation evolved rather than was me setting up a business. I guess that makes me a sole trader? Not that I am trading as anything. I'm just me

Whichever way you want to wrap this up - you are in business (part-time) to let out between 2 and 3 properties.The incomes and expenditures should be kept apart and in a Business account.
I hope that you have public liability insurance? If not and somebody had an accident at one of your properties - do you have deep enough pockets to be able to potentially pay out many thousands of pounds in costs and damages?

Wow, Keyboard Warrior, yes I do.

Please don't confuse me with you

(I guess forums are just about arguing)

Thank you for agreeing with me that you are a business.
I am not confused - you were until I put you right - you are a businessman!
Keyboard warrior rules!

The_Rainmaker

This thread went downhill very fast, re-read and nothing contentious.