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Property/DIY

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Original poster

Do I need to give my tenants notice to go if I want to get rid of my awful letting agents?

25 replies

Reluctantlandlord · 13/04/2015 21:03

Just that really. Tenants are great, no issues at all but the agency are awful. We're paying fully managed and yet any little problem they phone me to get me to sort it out. They are also useless at communicating, we have never had a copy of the agreement or the inventory etc. they are pretty useless at most of what I'd expect. We've had enough after something major happened with them today so I'm getting rid of them. I'm not worried about getting tenants in with a new agency as the market is strong where the house is. Just want to check what the situation is regarding out tenants who have been in for 18mths? Is there no way to keep them legally?

OP posts:

specialsubject · 13/04/2015 21:14

good news - no need to shift the tenants. The letting contract is between you and them and is utterly unaffected by the agent.

just tell the tenants what is happening and give them your contact numbers.

then have the argument with the agency. But it is worrying that 18 months in you've not got agreement or inventory. Is the deposit protected? Is the gas safe certificate up to date?

I got rid of an agency but kept the tenants. And I thought that agency was sloppy...

Original poster

Reluctantlandlord · 13/04/2015 21:17

Had a good search online but all advice seems aimed at people who want to ditch the agencies altogether. We want to change agencies. After today, I'd rather sell the house than carry on with them and I'm certainly not willing to pay 2k (1mths rent) again to them just to print off a new copy of the previous agreement with the dates changed which is basically all they did for the money after 12mths.

OP posts:

Original poster

Reluctantlandlord · 13/04/2015 21:20

Deposit with the tenants deposit scheme or whatever it's called and yes, we make sure gas check up to date and we also did an electrics safety check for tenants peace of mind as it's an old house.
That's great news, thanks! No legal implications at all then?

OP posts:

PotteringAlong · 13/04/2015 21:22

Nope, I've done the same thing without an issue.

specialsubject · 13/04/2015 21:23

none for the tenants - they don't have a contract with the agency. You do so that's the possible legal bit. And no reason not to bring in a new agency.

just to check; there are three deposit schemes and the tenants must have the 'prescribed information' on deposit protection. So you should have all those details.

that agreement fee is stunning. I thought the £100 I pay was bad enough (a week's rent round here although it is a national fixed fee with this chain)

Original poster

Reluctantlandlord · 13/04/2015 21:35

Blimey, £100! They told us last time after we were into the last month that renewal was 1mths rent but that they would take it in 3 instalments so we at least got some money each month. I will be calling the other 2 local agencies in the morning to check what they'd charge for renewal. This lot are semi national but the most incompetent numpties I have ever dealt with. They don't seem to even know what the person in the opposite desk has told us just the day before. They also have insisted in forwarding all the junk mail that has arrived over the last year since we stopped redirecting after 6mths. Every month we receive a brown envelope stuffed with junk inc bloody local take away menus. They instruct the tenants that they must drop it into them then charge us for postage-every-bloody-month!!!

OP posts:

caroldecker · 13/04/2015 21:36

oh and no need for the tenants or you to sign a new lease after 12 months. It goes onto a rolling tenancy, so save you and tenants money.
Also check with new agency what they charge the tenants and then let the tenants know so they can let you know if taking the piss

specialsubject · 13/04/2015 21:37

wow.

put your redirect back on and get yourself off all those junk lists; it can be done. Tell the tenants to recycle all unaddressed items.

Original poster

Reluctantlandlord · 13/04/2015 22:14

Thanks for all your advice, really useful. Will start to sort it out tomorrow.

OP posts:

thecapitalsunited · 13/04/2015 22:21

You might want to check the contract you have with the letting agency. Often they state that they are due their fees for as long as tenants they introduced are living in the property. Not sure how legal that is though, you'd need to consult a solicitor if that was the case.

EhricLovesTheBhrothers · 13/04/2015 22:23

My LL did this and the letting agents tried to say he had to serve me notice as I was their client cunts. Apparently it was in the contract he had with them but he checked and it wasn't enforceable.

EhricLovesTheBhrothers · 13/04/2015 22:24

Oh hang on he got round it by serving me a section 21 then issuing a new tenancy agreement the day it expired with the new agency

Original poster

Reluctantlandlord · 14/04/2015 09:22

I have checked this morning and apparently as they introduced the tenants then 3mths rent is payable to them if I ditch them. There is also something which says that this applies if the same tenant enters the house again within 56days of the end if their first tenancy ending. Bastards. I need to check if it's enforceable.

OP posts:

Celeriacacaca · 14/04/2015 12:43

I have no doubt they will enforce it. We swapped agents and I had letters from them confirming exactly what I would be liable for if the tenants remained after we moved agents. Fortunately the tenants gave notice at the same time so I was able to time the change with that and avoid any fees which, after their awful service, was very satisfying.

specialsubject · 14/04/2015 14:03

that is the downside - when I ditched my agents I had to pay a similar fee. Did the sums and it still worked out cheaper, although their service was nowhere near as bad as your agent.

EhricLovesTheBhrothers · 14/04/2015 14:14

I can't believe that's allowed. Another bit of misery inflicted on tenants by greedy cunting letting agents. Regulate the fuckers!

specialsubject · 14/04/2015 14:42

the contract referred is between LANDLORD and agent. It is landlords who pay the agency management fees. And it is the landlord who signs up to those terms with the agent. None of what the OP is doing will have any financial effect on the tenants.

So I look forward to seeing your sympathy for the landlord. In that squadron of flying pigs...

Jackieharris · 14/04/2015 14:48

I've rented out property through an agency and without.

Unless you are an ex pat or far away or have a very full on ft job/big family I'd say DIY. Letting agents charge a fortune for doing very little work.

If you already have sitting tenants you are happy with then there is no reason to pay an agent.

You can print out a contract & inventory etc from online. Do a bit of research on landlord & tenant law. (Loads of letting agents don't know their stuff anyway)

caroldecker · 14/04/2015 18:46

Read page 44 section 2.3 on here. This effectively says exit commissions are unenforcable even if in the contract. Quote the court case at them.

caroldecker · 14/04/2015 18:46

sorry, section 4.23

EhricLovesTheBhrothers · 14/04/2015 18:55

Special, if the tenants get evicted from their home because the letting agents are greedy cunts that does have a pretty massive impact on them don't you think?
The tenants are going to be worse off than the landlord in this scenario.

specialsubject · 14/04/2015 21:18

if the landlord wants the tenants to stay (and/or if the tenants have time left on their contract) then they are staying.

the contract between the landlord and the agent is something different and is not relevant.

boring old facts. I know landlord hate is more fun, sorry.

EhricLovesTheBhrothers · 14/04/2015 22:38

I'm hating on letting agents right now. I wouldn't blame landlords for serving notice rather than paying a £2k fine to the agents to be honest, but it's horribly unfair to tenants and just a a nasty, petty clause to put in a contract. Agents receive plenty of money from both tenants and landlords, they shouldn't have the right to do this.

caroldecker · 15/04/2015 00:41

But the agent charge is unlawful - see my post above, so not payable - just leave

EhricLovesTheBhrothers · 15/04/2015 06:02

Reassuring but even worse since these agents are posing unlawful fees or causing tenants to be evicted from their homes needlessly

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