Taking over management from LA
Letting Agents

Yan
Yan
0 Thanks
32 Posts
1 year ago
0

Hello, I wondered if you had some thoughts about a situation we find ourselves in....

Tenants had AST contract through agent which expired on 1st Nov. During this term property visits were not carried out (2 were due) and only when we complained in October were they carried out.
We instructed the agent to renew tenancy with 5%increase in rent. This has not happened. Tenants have paid rent this month but not increased. They have not been issued with or signed a new contract. This is in breach of our terms of business agreement with LA which states:

Prior to the expiry of the tenancy the Agent will contact the Landlord to advise and seek instructions to negotiate to renew or extend the Term of issue notice to the Tenants to quit or deliver up possession of the property. The agent will then process in accordance with the landlords instructions.

We've been renting for a few years, are responsible landlords and want to take on responsibility for the management of the property. The terms of business also state:

The Landlord agrees to pay commission to the agent for as long as the tenant remains in occupation of the property, even if the tenancy agreement is or has been terminated and even if the tenant defaults in paying rent to the landlord under the tenancy agreement or tenancy regardless of whether subsequent extensions of the Term are negotiated by the Agent, the landlord or an alternative agent.

Does anyone have experience of leaving an agent when they've breached the terms of business but still keeping the tenant?

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