Looking to sell and end of tenancy query with Estate Agent?
Hi all, Can you advise me regarding ending my fully managed contract with my letting agent?
I have read my terms of business and have given ample notice, 3 months. I have requested they confirm the transition and when will they walk away. The Agent’s response was that once the tenant returns the keys, an independent check-out will be arranged. The agent will communicate with myself, the tenant and agree on deposit deductions, if any and escalate to the deposit protection scheme if there is no agreement. This is all clear and what I would expect.
My query is the agent has advised if the tenant fails to vacate, I stay with the agent for support, and if they need to attend court (£120) fee, they will arrange this. I am fully insured with legal cover.
Am I missing something? Why do I need the LA at this stage? I am aware (should I need to make a claim?) I need to appoint a solicitor through my landlord’s legal insurance cover, otherwise, they cannot proceed with a claim (accelerated possession order).
The agent is also asking if I wish to move from Lettings to Sales (we are selling), but they have not been great. I have not included them in my initial research for a good Estate Agent and feel my next move is to call my insurance to query exactly what my policy includes.
Would the transition from Let to Sales be best placed, staying with the current agent? Is there anything I have overlooked?
Thank you
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Member Since January 2015 - Comments: 1431 - Articles: 1
10:42 AM, 11th March 2025, About 1 year ago
Should be a formal checkout inspection with the tenant present BEFORE the tenant hands back the keys and signs the Deed of Surrender.
Why do you need the LA if the tenant fails to vacate?”
If the tenant fails to vacate are you happy to take over full management of the property ie deal with maintenance/repairs issues, correspondence with the tenant, service of documents etc etc until the Bailiffs turn up to remove the tenant? An eviction specialist/solicitor wont do this.
Plus do you have a copy of ALL the tenancy documents and the check list of dates when they were served and received before and during the tenancy?
Re selling I would always go multiple agency, Agents then have to put in the work to achieve the sale. No harm in their selling dept being one of the Selling Agents. You should be able to negotiate a decent %.
Member Since April 2021 - Comments: 94
10:50 AM, 11th March 2025, About 1 year ago
You want them on hand of the tenant fails to vacate; after all, you paid for full management!
Sometimes, a sales department can be a very different calibre to the lettings team. Other times it can be one and the same guy! Get 3 quotes: your agent plus 2 others. Also, keep an eye locally to which agent has the most boards up – often they’re the most proactive sales team.
Member Since October 2020 - Comments: 1137
4:00 PM, 11th March 2025, About 1 year ago
Presumably you served notice on the tenant to vacate. This doesn’t end their tenancy, so if they fail to do so, they are still a tenant and still owe the rent until you get a court order and then bailiffs to evict them. The agency contract presumably states that it will remain in force for as long as their tenant remains.
Member Since April 2024 - Comments: 284
5:15 PM, 11th March 2025, About 1 year ago
Reply to the comment left by Judith Wordsworth at 11/03/2025 – 10:42
Thank you Judith. So I need to ensure the check out clerk is booked in for the last day of the fixed term. Why do I need a deed of surrender for a fixed term? I understand why I need to keep the LA in place. Yes all documents in order and I’m working closely with the termination team. S21 will be served giving 6 days for service (email and hard copy posted through the door) and the two months notice given.
Sale. Thank you I will consider the current agent too.
Member Since April 2024 - Comments: 284
5:16 PM, 11th March 2025, About 1 year ago
Reply to the comment left by Andy at 11/03/2025 – 10:50
Thank you.
Member Since April 2024 - Comments: 284
5:20 PM, 11th March 2025, About 1 year ago
Reply to the comment left by DPT at 11/03/2025 – 16:00
Thank you. Yes it states if the tenant remain we pay one mains rent plus VAT. Why do I need to pay this? Especially if the tenant continues to pay rent until possession order/bailiffs and they receive their commission?
Member Since October 2020 - Comments: 1137
2:43 PM, 12th March 2025, About 1 year ago
Reply to the comment left by Alison Clark at 11/03/2025 – 17:20
The can’t ask for both the continuing rent AND the notice penalty. Are you sure that’s what they’re saying?
Member Since April 2024 - Comments: 284
3:04 PM, 12th March 2025, About 1 year ago
Reply to the comment left by DPT at 12/03/2025 – 14:43
Hi DT. I have read this again and I have emailed the Lettings Director. It’s under Your and Our right to terminate this agreement.
Either party may terminate this agreement on a termination of a tenancy by giving the other party two months prior written notice. Where you terminate the agreement and the tenant continues to rent the property, You shall be required to pay the withdrawal fee of 1 months rent plus VAT.
Am I misunderstanding this clause? Thank you.
Member Since October 2020 - Comments: 1137
12:29 PM, 13th March 2025, About 1 year ago
Reply to the comment left by Alison Clark at 12/03/2025 – 15:04
As I said, its either or. If they claiming rent until the tenant leaves, then you’ve no need to pay to end the agreement. You can end it without penalty when once the tenant has gone.
Member Since April 2024 - Comments: 284
12:54 PM, 13th March 2025, About 1 year ago
Thank you DT. I am beginning to think it’s because I have given them notice as we are selling. Maybe the fee is for ending their contract but if the tenant remains renting from us and we self manage? This is NOT the case we are definitely selling.
The agent has recommended if the tenant does not secure another tenancy and leave, to consider a monthly rolling contract after the fixed term until the tenant finds something (this way rent is coming in) We just want the property back after a stressful 18 mths and an accelerated possession order is surely the right step.