Discussion in 'Finance, Property, Law' started by RiflemanTom, Nov 5, 2010.
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Look at the lease, has it been done with the landlord or have you done it directly? I don't see what the problem would be in removing the agent from the equation. Are you still UK domiciled? If you are not, you need an exception from HM Revenue and they may ask the tenant to withhold some tax before paying rent to your account, check their website in case this applies.
Sorry VR I don't get you. I am the landlord.
Not legal opinion, but I think you could break the contract with the agent on grounds of their breach of contract/ failure of duty of care towards you. If that is upheld, then you'd have no obligation to go paying commission to the agent.
Probably the best approach would be to send your agent a solicitor's letter declaring that you regard the contract as terminated on the above grounds. If they protest this, you can escalate it. If they don't reply, you would probably be safe from future claim on the grounds that they accepted their liability.
(I took a letting agent to court under different circumstances: The tenants hadn't been properly vetted and duly started to trash the property. I'd several times written the agent warning them to warn the tenants to keep to the AST terms. The agent ignored me. The tenants gave notice to leave (they were running a cash-in-hand building business and needed to keep one step ahead of HMRC), so I again warned the agent not to return the deposit. Agent simply handed the deposit back to the tenants and declared it was no longer their business. I opened a County Court case to recover the deposit money from the agent and claim compensation. My solicitor (I'd just asked him to check my reasoning) agreed that the agent was in breach of contract, etc. The agents' solicitor evidently agreed, as they rolled over just before the court sitting - handing me a cheque. I had a chat to the magistrate anyway, and she confirmed that they had no defence to my allegation.)
Thanks 4T. They realy are a shower of s**t, and about as unreliable/ incompitent as you can find. It does make you wonder. If they're the biggest letting agents in the country then what are the others like? !!
I meant 'letting agent' (LA), not landlord, i was multitasking, apologies. My contract is directly with the tenant, I collect rent directly but have received the draft contract from the letting agent. Is your contract signed by LA or by yourself? You might have to draw up a new contract between yourself and the tenant to replace the current one. Solicitor might be a good idea, considering.
I'm currently in an SSFA with countrywide as a letting agent. They are a shower of shit, get rid of them and either rent direct to a tenant or get another agent.
Fortunately my landlords a top bloke and I now deal direct with him otherwise my boiler would never get fixed.
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