Agents sneaking in unfair exit clauses?

Agents sneaking in unfair exit clauses?

0:00 AM, 19th December 2025, About 2 months ago 21

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What do other landlords think about the exit clauses in their contracts with agents?

I’m shocked, so check yours and see if you think it is fair.

I just got a letter from my letting agent saying they were updating the T&Cs to “help landlords with new legislation.” Yeah, not.

I checked and found the T&Cs had been changed and the exit clause now reads: “The Landlord may terminate the Agent’s Service by providing the Agent with not less than 1 month’s written notice ..” (that sounds ok – but wait…..!!) “…BUT termination will only take effect upon any Tenant or Occupant vacating the Property following expiry and/or earlier termination or surrender of the Tenancy.”

In normal language, I think that means I can’t fire my agent, however bad they are, if my tenant is still living there. I asked them to strike the clause out, but they weren’t keen.

Have any of you people noticed something similar?

If so, do you have any recommendations on what to do here?

M&SFAN


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Dylan Morris

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Member Since August 2016 - Comments: 1190

9:25 AM, 19th December 2025, About 2 months ago

Why don’t you just self manage ?

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M&SFAN

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Member Since October 2020 - Comments: 38

9:42 AM, 19th December 2025, About 2 months ago

Reply to the comment left by Dylan Morris at 19/12/2025 – 09:25
It’s impractical for me to self manage.

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Sheralyne Stamp

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Member Since June 2022 - Comments: 35

10:23 AM, 19th December 2025, About 2 months ago

I assisted a property owner with a similar clause. I took this to a solicitor as I deemed it an unfair term and the solicitors agreed.
Get legal advise on your agreement as I feel this is very similar as it takes away your freedom of choice and is an unfair term.

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Dylan Morris

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Member Since August 2016 - Comments: 1190

10:52 AM, 19th December 2025, About 2 months ago

Ask them what they’d charge for just a “let only” service. Then see if they are charging you this same upfront fee to find you a tenant for a managed service. I can understand why the agent may wish to tie you in to their management service if they’re not charging you a finders fee. Perhaps agree a tie in for say 12 months then you’re free to cancel and go somewhere else. After all they will have had their finders fee and 12 months management fee on top. If they won’t agree just find another agent.

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Sheralyne Stamp

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Member Since June 2022 - Comments: 35

10:58 AM, 19th December 2025, About 2 months ago

Reply to the comment left by Sheralyne Stamp at 19/12/2025 – 10:23
Dont sign the new agreement.

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Ian Cognito

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Member Since January 2020 - Comments: 129

11:23 AM, 19th December 2025, About 2 months ago

This is unfair, but common, practice.

To comply, should you want to fire the agent you will need to serve notice on your tenant.

I’ve made the point before, that this is an issue which should have been picked up by pro-tenant organisations (Shelter, Generation Rent etc) and campaigned against to make illegal.

I\’m surprised the Labour government hasn’t done so.

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PH

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Member Since May 2021 - Comments: 374

11:25 AM, 19th December 2025, About 2 months ago

Reply to the comment left by Sheralyne Stamp at 19/12/2025 – 10:23
Totally agree. I very much doubt this would be contested by the agent if you threatened to go to the TPO or even court. Under the consumer act you are protected from unfair terms and conditions and that is certainly an unfair one. Look up the 2015 consumer rights act.

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DPT

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Member Since October 2020 - Comments: 1107

11:48 AM, 19th December 2025, About 2 months ago

This is a fairly standard clause in agency contracts. Im surprised it wasn’t in there already.

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Sally Robinson

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Member Since February 2024 - Comments: 66

12:28 PM, 19th December 2025, About 2 months ago

Hi, I had this from one agent who wanted about 6 months rent if I cancelled the contract,,,,, happily the tenants decided to move out and I will never recomment or use that agent again…

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Cathie

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Member Since October 2017 - Comments: 96

12:46 PM, 19th December 2025, About 2 months ago

Just looking at an agreement which says “Sale of premises to Third Party: If the landlord sells the property to a third party and the tenant introduced by us remains in occupation the landlord will be liable for all our fees until that tenancy agreement is terminated.” Thought I might sell with tenant in-situ but looks like I’d still be liable for fully managed fees afterwards!

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