Can I cancel my letting agents contract and keep my good tenant?

Can I cancel my letting agents contract and keep my good tenant?

9:05 AM, 5th August 2012, About 9 years ago 71

Text Size

Readers Question - How to cancel a letting agents Contract and keep tenantI’ve received an email from Sophie today who wants to cancel her letting agents contract but keep her good tenant. As we have so many professional letting agents reading this forum I’m hoping that we can give Sophie and several other landlords who find this article in an internet search some sound advice. Sophie’s email is below in italics.

Please post your response in the comments section below.

“Hi Mark

I am new to being landlord and engaged a local estate agent to help let my property.  The tenancy agreement is due to expire in the next 2 months and I really like the tenant I have got.

My questions are therefore:

          1, Is it possible to keep the tenant but lose the agent?

          2, If so, what steps do I need to do to ensure this take place?

Thanks in advance for the help.

Sophie”

What advice would you offer to Sophie?

My initial thoughts are:-

a) Read the agents contract, particularly any termination clauses

b) Consider why you want to terminate the contract if the agents have done a good job and sourced a good tenant

c) Are you likely to want to use this agent again?

d) Have you spoken to the agent to explain your situation?

Sophie – perhaps you could answer these questions too as this may alter the advice that readers offer. 



Comments

by Valentine Nash

10:01 AM, 31st January 2014, About 8 years ago

Reply to the comment left by "Romain " at "31/01/2014 - 09:15":

Hi Romain, thank you for your reply - it's much appreciated.

To be clear, I found my tenants myself and as this was my first time renting and both parties agreed that using an agency would give us some security, we found a local agents. Both parties signed the agreement and I believed that the agency would then act as money collection, dealing with any issues if they arise. I'm very happy with my tenants and now want to go alone, saving us a bit of money, but the agents are adamant that I'm tied to them for eternity - or while I keep the same tenants. So it's a weird one, and not sure how to proceed..... !

Thank you for your help....

Paul

by joanne lunt

13:36 PM, 2nd December 2014, About 7 years ago

Reply to the comment left by " " at "05/08/2012 - 09:55":

I have only been a landlord since July this year,i went through a letting agent,who has been nothing but useless,take a monthly fee,yet dont do anything to earn it.I am getting made redundant this christmas,so want to keep my tenant,but come away from the letting agent.Not just so save alot each month,but because they havnt been good at their job.The tenants renewal date is 24th of jan 2015.Im sure i only signed for 6 months,how do i go about this?Answers needed,thanks,joanne.

by Mark Alexander

16:54 PM, 2nd December 2014, About 7 years ago

Reply to the comment left by "joanne lunt" at "02/12/2014 - 13:36":

Hi Joanne

The best place to start is to read the contract you made with your agent.
.

by Jimmy Johns

23:26 PM, 8th January 2015, About 7 years ago

Hi there,
I have let my property for last 5 years with my agents full management services.I have been paying fees 9% +vat. tenet agreements between me and my tenant. how can i can tell him that i don't need his services. my tenet she will be very happy to deli with here direct then go thought agent.

by Neil Patterson

8:20 AM, 9th January 2015, About 7 years ago

Be careful and check for a renewal charge as you may still be charged each year by the agents if it is the same tenant.

by Jimmy Johns

0:10 AM, 14th January 2015, About 7 years ago

Reply to the comment left by "Neil Patterson" at "09/01/2015 - 08:20":

Hi there,
Thank you for your replay.
I have checked my A.S.T is between me and my tenant . in one of the column say that if landlord or the tenant may terminate this agreement at any time by giving either party or his or her agents two months notice in writing.

thanks

by Be a Landlord

13:58 PM, 24th February 2015, About 7 years ago

The Foxtens case back in 2010 basically states the contract has to make mandatory renwal commission very clear in the original contract, and that if the Landord does all the legwork to ensure the tenancy is renewed he can try and avoid renewal commission

What I do now is agree up front a renewal commission at a lower rate than the original contact. Agents seem quite happy with this knowing it will be a good deal if it comes about. I just renewed a flat at 2% less than the original rate. My tenant suggested cutting the agent out of deal but I decided I would prefer to stay on good terms.

by Aleksandra Kazmierczak

8:11 AM, 16th April 2015, About 6 years ago

Hello everyone,
I am a tenant and my house has been let out through an estate agency. However, my landlady does the maintenance (when the boiler broke down I phoned her and not the estate agents and she got it fixed). My tenancy contract has run out and the landlady wants to pop in with the new one. We have lived in this house for 3 years and previously it was the estate agents who gave us the new tenancy agreement to sign. They also hold our deposit. I think she is trying to drop the agents so she does not have to pay the fees. I am worried that: it is illegal and that we will lose our deposit if we sign her copy of the contract. What do I do? I was thinking of asking her to transfer our deposit from the agents and provide me with a receipt. But is it enough?
I will be very grateful for your comments!! Thank you for reading!

by Mark Alexander

9:46 AM, 16th April 2015, About 6 years ago

Reply to the comment left by "Aleksandra Kazmierczak" at "16/04/2015 - 08:11":

Dear Aleksandra

Your landlord was always accountable for your deposit, the fact that her agent dealt with it was her choice but does not affect her accountability. It is up to your landlord to ensure that she remains compliant in terms of deposit protection.

There is nothing illegal about your landlord sacking her agent and dealing direct or appointing another agent. There may be penalties for her to pay to her agent but that is her problem, not yours. Your rights will not change.
.

by Block Rent

13:40 PM, 14th April 2016, About 5 years ago

Hello! I'm a tenant on the other side of this conversation - My landlord wants to get rid of estate agent and keep us - but he wants us to lie to them - ie. say we are leaving and then sign a new agreement with them.

Could we be legally accountable in the future if we went along with this?
Thanks!
D.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER