When can notice to my estate agent start?

Blythswood

The contract says "Agreed period which we have sole selling rights is 20
weeks commencing on the date this contract is signed.  Our notice period
is 28 days expiring after the end of the specified term"

If we give notice now to leave in 28 days, that date will be after the
contract expires.  However, they are saying we can't give notice until
it becomes a rolling contract on 13 July.  The earliest we can leave is
9 August.

Are they right?

theartfullodger

Without reading COMPLETE agreement, no way to say.  Suspect there are a few more words than those you quoted.

But in your shoes i'd give notice TODAY and hope careful full reading shows it would be valid.

propertyrental

'rolling contract'? Just to be clear this is not a tenancy you are ending but a sales contract, yes

As artful says, fuller quote needed, but usually you can serve your 28 day notice 28 days before the end of the contract. Otherwise your 20 week contract would in fact be a 32 weeks contract!

Why oh why did you (or indeed does anyone) agree to a) 20 weeks and b) 28 days? If the EA does not live up to expectations you need to e able to switch rapidly.

Next time negotiate 12 week contract (or less) and 2 weeks notice (or 1).

eddddy

Blythswood said:

The contract says "Agreed period which we have sole selling rights is 20
weeks commencing on the date this contract is signed.  Our notice period
is 28 days expiring after the end of the specified term"

Are you quoting the exact text from the contract? If so, it sounds a bit sloppy. 

But I read that snippet as:

• Specified term would be 20 weeks

• Notice period must expire after end of 20 weeks - so for example, notice period could expire after 20 weeks and 1 day.

• So you could give 28 days notice now - because the notice expire after the specified 20 week term

BUT... is the Estate Agent a member of the Property Ombudsman Scheme?

If so, the property Ombudsman's mandatory code of practice is very clear...

5s
Your contract must allow for the required notice of termination to be given before the end of the term, such that termination by the client can occur at the expiry of the minimum term.

Link: https://www.tpos.co.uk/images/codes-of-practice/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A4_FINAL.pdf

i.e. there is no question - you can definitely give 28 days notice now (if the estate agent is a member of that scheme - and most of them are.)

Blythswood

Yes, that is exactly what the contract says.  They say "We have a 20 week contract of sole Agency (only one agent trying to sell the property at one time) Once these 20 weeks are over we them move forward and the contract becomes a rolling contract, when on a rolling contract we require 28 days notice for leaving the contract and signing on with another agent. Does this make sense? SO, as the contract was signed on the 23rd of February you will then have 20 weeks from then which will take us to the 13th of July, then our contract will be classed as a rolling contract, if notice was given on the 13th of July the end of the contract would be 28 days from then which would be the 9th of August. From the 9th of August you would be able to market with another Agent. I hope this helps”

Blythswood

Oh dear, I've just looked through their Terms and Conditions and under Termination it says "Either party can terminate this agreement by giving 28 days notice in writing after the agreed contract term."

Is there anything I can do?  In practice it's a 24 week contract.

Blythswood

But they are members of the Property Ombudsman Scheme, that's good!  Phew!

eddddy

Blythswood said:

Yes, that is exactly what the contract says.  They say "We have a 20 week contract of sole Agency (only one agent trying to sell the property at one time) Once these 20 weeks are over we them move forward and the contract becomes a rolling contract, when on a rolling contract we require 28 days notice for leaving the contract and signing on with another agent. Does this make sense? SO, as the contract was signed on the 23rd of February you will then have 20 weeks from then which will take us to the 13th of July, then our contract will be classed as a rolling contract, if notice was given on the 13th of July the end of the contract would be 28 days from then which would be the 9th of August. From the 9th of August you would be able to market with another Agent. I hope this helps”

So are they members of The Property Ombudsman Scheme?

If so, there is no question - you can give notice now.  Tell them to check the Property Ombudsman's code of Practice.

To check if they are members of the scheme, look for this logo on their website, or their contract etc:




Or look them up on this page:  https://www.tpos.co.uk/find-a-member




If they are not members of that scheme, tell them that what they say in their letter/email doesn't correspond with what what their contract says.

And you are not bound by what they say in their letter/email - you are only bound by what it said in the contract you agreed to.

propertyrental

just serve 28 days notice asap and after 28 days go and collect the keys (i they have them) and go to another EA (if that's the plan).

If/when they object, quote the ombudsman at them.

Blythswood

Thank you very much.  Yes, they have got that logo on their website.