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Letting agents issues
Let me start by saying I don't have all the facts which I know is a problem for correct advice to be given.
I'm neither tenant nor LL, just a bystander.
Tenancy started back in 2018. Via a lettings agent. ( Who for the record have been useless the whole time)
Landlord died a few years ago and property taken over by a relative.
Unsure how often tenancy has been renewed but was definitely renewed last Aug. Along with a rent increase.
Agents lost this and then chased tenants to resign, yet another of show of their incompetence .
LL was in touch with tenants before Xmas asking if they was paying the increased rent? Tenant assured LL they was indeed paying increase of rent as requested.
LL again recently reached out to tenant asking if they had paid their rent as again they hadn't received it. Tenant again reassured the LL rent had been paid on time to letting agents and offered proof if needed.
Given the above and other issues over repairs (tenant reports, letting agents ignore, tenant contacts LL who hasn't even been informed of the need for repair etc)
The LL wants to terminate their contract but not end the tenancy. LL had contacted the agent twice ( unsure how) requesting termination and has been ignored.
In my naive opinion I've said it will depend on what is in the contract between LL and agent as to whether they can terminate their contract without termination of the tenancy too .
As I've read on here that sometimes the contract between LL and agent can not be terminated until the tenant they introduced leaves?
I've also suggested the LL write the old fashioned way to the agent via signed for post stating they are terminating the agreement due to breach of contract. As the agency isn't passing on rent nor dealing appropriately with repairs. Surely these issues amount to breach of contract.
Again I do realise it will all depend what the contract between LL and agent says
But given the vagueness of my post, for which I do apologise, any advice or thoughts?
Btw the lettings agent is a local branch of a national chain and another thought was to complain via their redress scheme?
Comments
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"I've also suggested the LL write the old fashioned way to the agent via signed for post stating they are terminating the agreement due to breach of contract. As the agency isn't passing on rent nor dealing appropriately with repairs. Surely these issues amount to breach of contract."
Personally if I thought my money was going into a black hole.
- Send two letters one hand delivered the other by registered post.
- After 5 days with no contact Give Tenants new bank details and ask them to pay you direct.
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The tenancy is between the landlord (possibly acting via their agent) and tenant, it doesn't need to be affected by whatever the arrangement is between the landlord and their agent.
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LL isnt local enough to hand deliver a letter.
Agency and property are in same area but different to landlord. Original landlord who passed was local .
But yes I agree I'd arranged direct payment to the landlord and bypass the agent. Who is collecting 16.8% according to their website!!!
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Am sure I've read on here that a LL had tried to end their relationship with the agency and go direct with the tenant but was unable to due to a clause in the contract. Something about the landlord couldn't terminate until the tenant the agent had introduced had left??
Really unsure but am positive I read it.
Tried searching but couldn't find anything.
It all boils down to what is in the contract between LL and agent and I've told them to read that contract carefully
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Just send the copy by ordinary post then (and the other one by Signed For, not "registered" - which these translates to Special Delivery).
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Ah ha, they can't claim they didn't receive it?
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That may be what the agency contract says, whats to stop the LL from "breaching" that and directing their tenant to pay directly to the LL for future rent? Then it becomes a question of damages for the agent to sue the LL for the rest of their fee for the rest of the time the tenant is in occupation. THat would be countered by the LL's defense that the money is not owed due to the agent failing to perform their duties and breaching first.
Depending on the speciifics that could land either way, but that's no worse off than they are currently and at least the bulk of the rent isn't going into a black hole, nor is the property deteriorating due to no repairs.
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Not sure what point you're making here - they can always try claiming they haven't received something. The point about sending something by ordinary post is that they'll see what you had sent even if they don't sign for the other copy.
What does the contract say about service of notices? Proof that you posted something by recorded delivery is often deemed to be sufficient evidence that the recipient ought to have received it.
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Sorry am getting mixed up. Am thinking of something else, my apologies.
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No recorded delivery anymore
. Either
Ordinary post and get a free proof of postage certificate from the Post Office.
orTracked and signed for.
From reports ‘signed for ‘ is often not signed on delivery or , as during Covid, postie signs it as delivered.
It may be worth the landlord making the journey to sort it out face to face.
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