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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a question regarding a contract with a letting agent.In

Resolved Question:

I have a question regarding a contract with a letting agent.
In essence, In early June the agent found me a tenant where we signed a 12 month AST tenancy agreement. I am now selling the property in October to another buy to let investor who has agreed to take on the tenant and sign a new AST agreement. On this basis I am not sure whether the new investor would like to keep the relationship with my agent, as such I decided that I have to terminate the letting agent's services.
In their terms and conditions I am reading:
- You may terminate our agency by giving us 1 months written notice BUT
- Where you continue letting to a tenant or occupier who we introduced then you will be liable to pay us a tenant finding fee calculated on a notional 6 month tenancy term starting on the date that our agency ends with the fee becoming payable on that day. If the tenancy terminates sooner than 6 months after our agency ends then we will make a pro rata refund of the fee
Here are now my questions
1) Since I am selling the property, then I am thinking to terminate the agency services with effect on the date I cease to be the legal owner. Whether the new legal owner takes on the tenants, does this make any difference to the agreement clause above?
2) Since I am also terminating my contract with the tenants and a new contract will be signed between the new tenants and the new owner, doesnt it mean that I do not continue letting to the tenant and hence not liable to the finders tenancy fee?
Lastly, how can I make sure the tenancy is officially ceased once the new owner of the property takes over?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

No, the new landlord wont be bound

Alex Watts :

He is not bound by the contract as he has not consented or agreed to it

Alex Watts :

He hasn't signed it - therefore he can not be bound

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Hi thanks for your answer. in the second question I was more thinking about my obligations since I signed the agreement with the agent do I need to pay them he tenants finder fee since I will no longer be the owner of the property when their services cease (after one month's notice)? Or in this case i can just provide 1 months notice as per my contract with them?
Alex Watts : You only need to provide a months notice as per the contract.
Alex Watts : Does that help?
Customer:

yes certainly i will rate you now ! Thank you so much

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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