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vincent2013
vincent2013, JustAnswer Expert
Category: Property Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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Hi, I am living in a rented property, which I found via a letting

Customer Question

Hi, I am living in a rented property, which I found via a letting agent, and am having to move out as recently split up with my partner. My landlady was unhappy with the agent, as they charged her fees for services that were not carried out (eg cleaning) and they will no longer be acting for her after I move out. However, the landlady has said she would be happy for me to stay on and pay her directly at a lower rent. Is it permissible for me to stay on and pay the landlady directly, bearing in mind that the letting agents 'found me' for the flat?
Submitted: 4 years ago.
Category: Property Law
Expert:  vincent2013 replied 4 years ago.

Hi, thanks for your question. My names Vincent and I'm going to help you with it.

 

If you allow your current tenancy to come to an end (presumably, in this case, you served notice on your landlady) and your landlady decides to rent the property to you without using the lettings agency for "rent collection" or "property management" (whichever the case is here), the likelihood is that she will be the only one risking a possible breach of contract with the agent, not you.

 

The reason she might be in breach is because some agreements entered into between agencies and landlords require "renewal fees" where the contract is renewed on a fixed term to the same tenant. This is an unusual scenario and it would depend on the wording of the agreement between your landlady and her agent whether or not the clause operated in these circumstances. However, I'm sure that a correctly worded agreement would include something for revenue protection purposes and to stop otherwise blatant avoidance of agency fees. However, as I say, that is between her and the agent.

 

I doubt that you will have signed anything with the agent that would prevent you from doing this but you should just doublecheck your paperwork for peace of mind.

 

Does this answer your question. If so, please don't forget to rate my answer so that I can obtain credit for my work. Our conversation, won't end and you can ask me any further questions you need to clarify the above.