Am I allowed to change my letting agency during the tenancy period or at the end of tenancy?

ileven1225

Hi everyone,

I need some advices. I have reached to the point that I had enough with my current letting agency. They were not performing and minimised their efforts but meanwhile I would need to pay more. One example was they asked me to pay for repair which was £2.3k including many tasks, which were recommended by their contractor. If those tasks were genuinely needed, yes, I would need to pay £2.3k which was not a bad price. However, I didn't believe it was such a complex job and told them I would investigate by myself. I managed to find a contractor (well qualified and experienced, recommended by neibourghood) and spend £200 in total in the end. I got more examples and I also heard from my tenants that the letting agency was not responsive and unhelpful.

My question is can I terminate the contract between myself and the letting agency during the tenancy period and switch to another one? Alternatively can I terminate it at the end of current tenancy period noted that the tenants would like to renew another 12months after the current tenancy? I do not want to end up with large cost to terminte the contract.

Is there any legal support I can seek?

Thanks for the advices and help in advance.

anselld

Start by reading your contract with the agent.

ileven1225

anselld said:

Start by reading your contract with the agent.

I have read the T&C in the contract but I wonder if the letting agency was not performing, can I end the contract? The current contract did not cover the circumstance when the agency was not performing. The contract only states that there is no way to terminate contract during the tenancy. Then I would ask if the contract T&C was legally correct.

[Deleted User]

ileven1225 said:

anselld said:

Start by reading your contract with the agent.

I have read the T&C in the contract but I wonder if the letting agency was not performing, can I end the contract? The current contract did not cover the circumstance when the agency was not performing. The contract only states that there is no way to terminate contract during the tenancy. Then I would ask if the contract T&C was legally correct.

Given that we still don't know what your contract with the agent says it's very difficult for anyone to advise.  Surely there is some clause about how and when the contract can be ended? Did you ever read Post 9: Letting agents: how should a landlord select or sack? taken from the sticky at the top of the board Tenancies in Eng/Wales: Guides for landlords and tenants which you were directed to in your previous thread?

ileven1225

Lover_of_Lycra said:

ileven1225 said:

anselld said:

Start by reading your contract with the agent.

I have read the T&C in the contract but I wonder if the letting agency was not performing, can I end the contract? The current contract did not cover the circumstance when the agency was not performing. The contract only states that there is no way to terminate contract during the tenancy. Then I would ask if the contract T&C was legally correct.

Given that we still don't know what your contract with the agent says it's very difficult for anyone to advise.  Surely there is some clause about how and when the contract can be ended? Did you ever read Post 9: Letting agents: how should a landlord select or sack? taken from the sticky at the top of the board Tenancies in Eng/Wales: Guides for landlords and tenants which you were directed to in your previous thread?

Thanks for the reply and the T&C states that:

 - The landlord shall provide a written notice of the intention of termination to the Agent no later than six months before the expiry of any existing tenancy agreement.

- The Agent may terminate the Agreement at any time by providing a written notice to the landlord at least one months in advance.

The current tenancy will be end in 1.5months time, however, there is not sufficient notice time. Does it mean I have to carry on using this agency? I do not feel the T&C is fair and that's why I would like to seek legal support.

RAS

So you are basically stuck. 

Might be worth going into the agency/speaking to a senior member of staff, express your dissatisfaction and ask them to give you notice?

justworriedabit

Hi OP

Read the contract and the very small print often states why you can end contract usually its at the end of the AST or if on a rolling agreement, you can with their notice period and they often charge a few hundred pounds.

About them not performing and cancelling during a AST, difficult to prove IMHO.

From what I understand we rented for a couple of years and going back into it, most if not every letting agent will chage you  afee for raising rents and some charge you a percentage of the works.

When taking on a letting agent - we will be considering on top of the usal that most will ask ie - finders fee, part, full mamangement - their first T costs - but we will seek negotiations on if we were to end the contact with them at the end of AST, what they charge for overseeing works inc vat, etc and exmaples of an electrician, plumbers they used for an emergency call out -  all will do a finders fee only but the other questions most dont ask and we will.

We've had the same experience and always beat their price by a good percentage. Having stated that one did get us a brand new part tiled, new florring etc bathroom 1700 and they oversees everything but on the whole be aware.


The let agents may oversee arrange works up to 200 in most cases but ask as fees are often about 10% plus vat and a bit  less for over 2k works  - get them to get rid of that or say 'see you laters, bye.'

justworriedabit

ps - depending on how long the AST has to run, just put up with it and ensure it never happens again by asking questions as per my post and more and  if possible, look yourself

Thanks

ileven1225

justworriedabit said:

Hi OP

Read the contract and the very small print often states why you can end contract usually its at the end of the AST or if on a rolling agreement, you can with their notice period and they often charge a few hundred pounds.

About them not performing and cancelling during a AST, difficult to prove IMHO.

From what I understand we rented for a couple of years and going back into it, most if not every letting agent will chage you  afee for raising rents and some charge you a percentage of the works.

When taking on a letting agent - we will be considering on top of the usal that most will ask ie - finders fee, part, full mamangement - their first T costs - but we will seek negotiations on if we were to end the contact with them at the end of AST, what they charge for overseeing works inc vat, etc and exmaples of an electrician, plumbers they used for an emergency call out -  all will do a finders fee only but the other questions most dont ask and we will.

We've had the same experience and always beat their price by a good percentage. Having stated that one did get us a brand new part tiled, new florring etc bathroom 1700 and they oversees everything but on the whole be aware.


The let agents may oversee arrange works up to 200 in most cases but ask as fees are often about 10% plus vat and a bit  less for over 2k works  - get them to get rid of that or say 'see you laters, bye.'

Thanks and I guess there is no way of terminating them now. You are right that I did not pay attention to the process of ending the contract and that's why I am now stuck.

RAS

Insist on a 7 month tenancy agreement?  Collude with the tenants to agree, then give notice immediately?

ileven1225

RAS said:

Insist on a 7 month tenancy agreement?  Collude with the tenants to agree, then give notice immediately?

thanks, can you tell me more about the 7 months tenancy agreement?