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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Due to a breakdown between owner of the property and the letting

Resolved Question:

Due to a breakdown between owner of the property and the letting agent they have ended the agreement with 3 months notice can i remove them quicker.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if you have entered into any minimum agreement with the lettings agent for management of the property please?
  2. If so when does this agreement come to an end?
  3. Could you provide a few very brief examples of what you perceive to be failures on their part to provide the services they contracted for?
Customer: replied 1 year ago.

The house was purchased from a friend via this agent i signed a contract with them in March 2013 and have not signed another since.

They are on the phone at least once a week their failure to deal with this tenant my property is becoming ruined they have many animals within this property no letter to my knowledge has been sent but i am told they will re-carpet when they leave,the reason for the termination letter is i was rude to them and i will not work with them if i cannot remove before the 3 months can i use a different agent to work for me until the 3 months are up.

Expert:  Joshua replied 1 year ago.
Many thanks. Have you proposed to them agreeing to terminate the agreement earlier than 3 months?
Customer: replied 1 year ago.

No i feel with these agents i need to know my legal rights what i can do .

Expert:  Joshua replied 1 year ago.
Thank you. The starting point is to turn to the terms of your agreement with them. If you do not have a copy of the terms, they may be available on their website or you may ask for a copy of the terms associated with your agreement from the agents. Normally agreements of this kind fall into one of two categories. There is usually a minimum term associated with letting management contracts which is normally one year. After that, the agreement will normally either renew itself if you do not give notice prior to the end of the initial term for a further year or alternatively, the agreement will run on month-to-month and can be ended subject to a minimum notice period from you which may be anything between one and three months.In either case, it is simply a question of determining the minimum notice period that you might be required to give to end the agreement which may either be the minimum notice that you are required to give or it may be in addition subject to new minimum term of the agreement if it is automatically renewed for a further one-year term.However, if you can demonstrate that the agents have breached their contract by failing to provide substantive services that they contracted to provide under the agreement with you then you can claim that they have repudiated (denied) the contract if their failure is serious enough to demonstrate this. If you can show repudiation on this basis thn you can claim that the contract is at end immediately but the risk is that if they disagree that they may attempt to sue you for monies owing under the agreement though this would only be until the date given in their own notice of termination so you may judge that the risk is limited.If you do find that they attempt to claim additional monies which you contest that you would wish to pay which I assume would be the case based on what you say, or if you wish to claim any monies they have charged to date or make a claim for negligence the damage caused to the property, you could either use the County Courts to do so but as a first step, you may wish to use the property ombudsman service which the letting agent must be a member of by law which is an independent organisation which has the power to independently review any complaint you have and if they determine the complaint in your favour, what compensation to you which the letting agent is legally bound to pay. The determination of the housing ombudsman is not binding upon you but it is on the letting agent. There are three property ombudsman schemes in the letting agent must be a member of one of them. They all carry out essentially the same role and there is no charge for their service. To use this approach, the first step is to submit a formal complaint and following their formal response, if you are not satisfied with it, refer the matter to the property ombudsman service of which they are a member.In any event, if you decide to claim the contract as repudiated either with their agreement or without, as you are landlord of the property, there is nothing preventing you instructing alternative agents immediately. As above, the risk of doing so is that you may face a claim by the agents for the commission fees for the period until their termination notice.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.

so you are saying i can pay their 5% for the next 3 months and terminate my contract with them straight away.

Expert:  Joshua replied 1 year ago.
If they have served you notice of termination then you could do that certainly. However whether you would want to concede that money if you are dissatisfied with the performance is a question for you. If you do not believe they deserve the money, you could seek to proceed as above and refuse to pay them and if they choose to pursue you for it, pursue a complaint with the property ombudsman as above. You can also pursue any further claims you may wish to make against the agent at the same time.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Yes thank you very much for your help you have pointed me in the right direction .

Expert:  Joshua replied 1 year ago.
I'm glad the above was of assistance

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