Right of Cancellation for a property management service?

Right of Cancellation for a property management service?

10:06 AM, 28th March 2023, About A year ago 3

Text Size

Hello, I invoked a Right of Cancellation for a property management service within the 14 day period, using the method defined in their terms of business and based on the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 recommendation.

I welcome peoples’ view of the defence points raised to my money claim online, raised to claim for money taken.

1) They state the right of cancellation does not apply because the management service contract is “for accommodation”. Although a valid exception in the legislation, I view the contract with them as providing “professional services” to a client within the legislation.

There is no mention of accommodation in the terms of business, nor any statement the right of cancellation is excluded, as required within the legislation.

2) An initial small payment was made from the rent provided by the tenant. They now state, as money had been paid, the contract had started and “assumed” I was happy for the contract to continue.

I do not think a contract can exist on an assumption, especially one which was never communicated. Specifically, the cancellation was after initial payment, the branch letting manager acknowledged the next day, and I reconfirmed back I really did want to cancel, i.e. the assumption has no weight?

3) The term of business can claim for activities fully completed before cancellation. That is to be expected and fair.

The tenant prepaid a number of months rent. Predated monthly management fees were taken, claimed as “fully completed” despite no contract, no access0 and not providing any services.

Meanwhile, the local office confirmed to the tenant they have completely handed the tenancy over, so there is competing view/lack of data accuracy within the company.

As “a man on the Clapham omnibus” (is that the phrase?) I am confused. Can anyone help

Thanks for reading this.


Share This Article


Judith Wordsworth

13:24 PM, 28th March 2023, About A year ago

Have a look at the goods and services act 1982 (as amended if amended


13:30 PM, 28th March 2023, About A year ago

It appears they are trying it on.
It is wise to put it in writing quoting Consumer legislation addressed to the CEO or senior executive in the organisation.
Look up on the internet your legal rights as a consumer if your cancellation is unreasonably refused and include in your letter.
The company provides management *services*. What they said is managing accommodation is not a *service*. This is nonsense.

Simon M

15:47 PM, 28th March 2023, About A year ago

The legislation says "for rental of accommodation for residential purposes". The agent has not provided you with accommodation in return for rent.

Receipt of payment may be covered under 6(b) and the agent may have performed some services - set up their records, confirmed receipt to tenant, paid the balance to you, etc.

They have nothing to lose, so depending on how much they've charged & you want to argue you may try to negotiate.

A different approach may be more successful using the Property Ombudsman. Ask for their complaint process and follow it precisely. I can't remember the detail - if they reject your complaint you may have to appeal. If they reject your appeal, they'll know your next step is to lodge your complaint with the Ombudsman. When i did this, my agent wised up when I appealed and they offered to settle. I did need to mention the PO

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership


Don't have an account? Sign Up

Landlord Tax Planning Book Now