ValAnne
0 Thanks
8 Posts
One of our properties is managed through a letting agent in our locality. We have decided that we want to give them notice to move part way through our tenant's current 12 months tenancy to a different agent but they have informed us that we are unable to until the tenant actually vacates or possibly if we give the tenant notice (which we don't intend to do). I don't know how we missed this in the terms of business - we have four other flats with other agents and they have the usual standard notice requirements, but in this agent's terms of business it states:
'The Client may terminate the Agent’s services by notifying the Agent in writing, but any such written termination will only take
effect upon any Tenant or Occupant vacating the property following the expiry of the Tenancy. The Agent will be entitled to fees
at the agreed rate for however long a Tenant or Occupant introduced by them remains in the property. Any termination is
without prejudice to any claim for a breach of contract by either party occurring before the expiry of the termination notice.'
I assume, having signed the agreement, we don't have any comeback - and of course it's our own faults for not picking up on this, but I can't understand how such terms, which mean that the agent can be as good or bad as they please during a tenancy, can be legal. Have you come across such terms before? And, faint hope though it is, do we have any recourse to breaking this agreement? I should say, it's not that they're 'negligent' agents, but we have had to source contractors ourselves for a variety of jobs as their quotes from contractors they use are so high and they seem to pile on additional costs wherever they can and this is one of the reasons for our move.
Many thanks and look forward to hearing from you.
