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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife and I have a house that we rent out - in a town

Resolved Question:

Hi
My wife and I have a house that we rent out - in a town 60 miles from where we live - using a letting agent.
We have been with this agent for about four months.
After the first letting fell through, they let the property to a company; for the directors (a man and his wife) to live in.
We discovered, through a trusted contractor working on the outside of the house, that the house was being used by the company as a sort of dormitory - presumably for incoming migrant employees of the company, contrary to the terms of the tentants agreement
There have been various breaches of the agreement, and the agents haven't really performed to the standards expected – keys have been lost, rent has been late, and our concerns about use of the property has not being taken seriously it seems.
We requested an urgent property visit to confirm the situation, and the agent seemed reluctant to comply, stating that the information was 'hearsay'.
We eventually received notification that a property visit had been undertaken, and that all was well with the house.
The photographs that the agency submitted showed that clearly this was not the case, with six beds in three rooms, (which should have rung alarm bells, and a check of the tenancy agreement).
We have given notice to the tenants (through the agent), and they are due to vacate 26th April.
Along with other incidents of incompetance, we don't feel that the agency has been working in our best interests, and really don't want to continue using them.
We signed a contract with them when we first started dealing with them,
We have drafted out a letter (email) to the area manager of the agent wishing to terminate our agreement when this tenancy ends, but have not yet sent it, as we are unclear on the legal implications.
Given that the terms of the contract have been breached, we would be grateful for some advice upon how we should proceed.
Best regards
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Thanks for the history, what specifically would you like to know?
Customer: replied 2 years ago.

If we were to send an email to the agency terminating our agreement, because of the way that they have handled our affairs, (major breaches of the tenancy agreement etc.), What sort of legal reaction should we expect from them ?

Expert:  Ash replied 2 years ago.
Does the agreement allow you to cancel?
Customer: replied 2 years ago.

I can't see that it has – the 'Confirmation of Marketing' document, gives a right to cancel within 14 days of it being signed.

But no further information on cancellation.

Expert:  Ash replied 2 years ago.
Ok. If they have breached the contract and it is quite significant by the sound of it then you can cancel. They should have done what they said they would - they haven't. They have failed to act with all reasonable skill and care.
Because of this you can cancel. Set out all the problems and say because of this you are considering it a breach of contract and terminating,
Its appalling service and they have clearly lied.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you for your advice today - If you are sure, given the facts, that there will be no legal comeback, then we feel that we would like to go ahead and send a notice to terminate the contract with the agency.

Expert:  Ash replied 2 years ago.
Indeed. It's really bad service. No question about that.
Is that ok?
Alex
Ash and 3 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes – Thank you

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.