Can the letting agents cancel fully managed contract with the Landlord?

Gary_Laurus

eddddy said:

Gary_Laurus said:

Several issues because I am oversees landlord.

So I guess you're subject to the Non-resident Landlord Scheme. (See https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad)

And presumably you understand the implications of not having a UK letting agent - your tenants will have to register with HMRC, and unless HMRC have approved you to receive rent without tax deducted, the tenants will have to deduct tax and pay it to HMRC.

So, realistically, I guess you need to find a new letting agent. You can probably do that remotely, but it will probably be harder to check them out from overseas. So you might find that the new agent is as bad as the old one. So maybe make sure that you have a flexible contract, that allows you to move to another agent, if required.

registered as a Non-resident Landlord, several years ago, so hopefully should be able to continue if I were to self manage, also have a solid accountant who can advice/sort out these issues.

Gary_Laurus

Lover_of_Lycra said:

Gary_Laurus said:

After exactly 6 months in to the current contract, Letting agents gave me 2 weeks notice cancelling my 12 months (I am the LL) fully managed letting contract with them.

I have used them for several years to manage the property. Several issues because I am oversees landlord.

They cancelled because finally, after years, I pointed out that they are inefficient at solving issues (they lack knowledge about simplest solutions to problems), incompetent (messed up things like the day the tenants were supposed to move in), and the fact that I pay them for a fully managed letting, but I have to manage the property myself(find plumbers, fix boiler issues etc) because their workers (plumbers) are expensive than the market rates (I am sure no fiduciary benefits :-) involved), their employees are incompetent, and they found tenants for below market rates for a flat like this and who are probably illegally running a boarding house at my property.

The letting agents have always been very "irresponsible" with contracts with both myself (LL) and the previous tenants

1. For example when previous tenants erroneously signed an STA for 12 months, when the tenants thought they were signing for only 6 months. When the tenants tried to leave after 6 months the letting agents Fined/charged them 1 months rent (called it "re advertising fees")

2. Last year about 1 week after signing the contract between LL and letting agent, the letting agents wanted to increase the fees they charge! but then backed off when I suggested I change letting agents.

"It's all in the contract"

Not sure what type of a contract I have with the letting agents, because I didn't receive one this time. 

I have the contact with the tenants.

Just too stressed out (also dealing with a boiler breakdown!) to clearly see the options. 

Since I am rather worried about this, I would be most grateful for any advice.
Thanks in advance 

STA? Do you mean AST? 

Why would you receive a new contract with the letting agency every time there’s a new tenancy? That seems odd. I’m also surprised that you’ve continued to use a letting agency you find incompetent to manage the properties. 

Without your contract no one can say if the letting agency is breaching the contract by terminating it. That said I would think it possible for either party to end the contract with notice. 

Suggest you find a new letting agency as this one no longer wants to deal with you. I also suggest you write to the tenants pronto with a new address in England or Wales for the serving of notices and details of where yo start paying the rent. 

Read Post 9: Letting agents: how should a landlord select or sack?

Thank you  SO MUCH!
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Yes Sorry I meant AST sorry it's the stress
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Why would you receive a new contract with the letting agency every time there’s a new tenancy? That seems odd. >> That's what I assumed because the contract with the LA says it's valid for the duration of the tenancy?
for example after the previous tenancy ended there was a 3-4 months vacant period. So I assumed a new contract (between LL & LA) would be needed?

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I’m also surprised that you’ve continued to use a letting agency you find incompetent to manage the properties.  >>
I think it's probably Stockholm syndrome or the fear of the unknown. some of the other LAs I considered are far worse

rik111

This is one of the silliest threads I have ever seen. You are upset because your totally useless letting agents have cancelled your fully managed contract which you are paying through the nose for but having to do all the work yourself but using their high expensive tradesmen ?  
I'm sure you will be able to find similarly priced expense trades people without an issue and rather than paying the letting agents you have a world of options. You could reduce the tenants rent, donate it to charity or even go out and set it fire every month. Far better than lining the pickets of a useless lazy letting agent that you pay for doing diddly squat !