Help!! is this LA contract dodgy?

nutmegman

I see, it now looks like you will be laible for the 9.5% of the remaining period of the current six month term.

I would serve them notice that you intend the cancel the contract agreement with the Letting Agent at the end of the current tenancy period (ie current end the six month roll)

There is no reason why you cannot serve this notice now!

From what i have read this is the only way you can terminate the contract without incuring addtional costs.

krissy08

i have just been told that i will still be liable to pay the fees if the tennant remains in the house after i have terminated the contract with them. if I serve the tennant with a notice but then take her back after a week or so, signing a brand new contract am I still liable to continue paying them? I know its a bit dodgy but it's not them I have a problem with.

tbs624

nutmegman wrote: »

I see, it now looks like you will be laible for the 9.5% of the remaining period of the current six month term.

I would serve them notice that you intend the cancel the contract agreement with the Letting Agent at the end of the current tenancy period (ie current end the six month roll) .

Nutmegman - Krissy has said she's not signed any further contract so presumably the Tenant is on a month-to-month Stat Periodic?

nutmegman

tbs624 wrote: »

Nutmegman - Krissy has said she's not signed any further contract so presumably the Tenant is on a month-to-month Stat Periodic?

ene

Well it depends what the contract says, most agreements like this have a minimum term in this instance 6 months then it rolls on, so you need to focus on the tenancy termination clause to define what the extended period is, let me know

krissy08

the AST agreement says it is as defined in part 1 of the housing act 1988 and says it does not guarantee the tennant any right to remain in possession after the fixed therm (subject to a minimum occupancy of 6 months),
it sats the tennant must give us at least 1 months prior notice in writing. It also says
without prejudice to the other rights and remedies of the landlord, the LL may seek to lawfully terminate the tenancy by obtaining court order if;
a notice is served under section 21 of the housing act 1988 (gives the ll the right to end an assured shorthold tenancy without any specific reason, though only after any fixed term has ended or in operation of a break clause)
I got to the house and found the glass of the front door broken, thats a break clause I think, but it's just a pity that it's the agents I am not at all happy with. I think I will have to serve them a section 21 at this rate

krissy08

I was called by the agents that the tenant had reported a leak from the roof. After visiting the property the tenant said they had reported this leak roughly 8 months ago soon after moving in but the agents never told me. I had the roof done just before they moved in and if this had been passed on, i could have got the roofers back immediately, does this constitute a possible breach of contract? I pay them a monthly management fees.

nutmegman

krissy08 wrote: »

I was called by the agents that the tenant had reported a leak from the roof. After visiting the property the tenant said they had reported this leak roughly 8 months ago soon after moving in but the agents never told me. I had the roof done just before they moved in and if this had been passed on, i could have got the roofers back immediately, does this constitute a possible breach of contract? I pay them a monthly management fees.

Not unless the contract states they have to notify you of all calls from the tenant within 48 hours etc etc

You can still get the builders back just cos 8 months has moved on doesn't mean you don't have the right to call them back to rectify faulty work

moneysavinmonkey

doesn't have to say all calls from tenant within 48 hours. I would have thought to notify you of any serious problems requiring urgent attention would be fair though. We can't see your contract though, you need to read through it carefully yourself.

owitemisermusa

I received T&Cs from an agent today and can you believe it includes a continual charge till the end of the fixed term and for 6 months thereafter!!!!

Not to mention the 1-1.5% fee they charge if a tenant then decides to buy the property off you!

Madness!

Bungarm2001

I'm really interested to see the outcome of this. We have an agreement with a LA who we are reasonably happy with, but can't see the point in employing them since all they really do for us are the interim inspections for their 12.5%

We have a clause in our agreement that states we can terminate with 3 months written notice, but cannot continue to let to a tenant put in place by the agent unless under a separate agreement and payment of 2 months rent. When the property is empty however, either party can terminate without notice.

Not as harsh a clause as the OP's, far from it, but it does grate a bit to know the agent can do this. (charge 2 months rent I mean just to terminate)

We have in the past managed to end a similar agreement (different property) with the tenants help by her giving us a months notice (she was on a periodic tenancy) and signing a new AST the day after the notice ran out. It was enough to 'sack' the agent even tho it was a bit of a grey area legally.