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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are an independent letting Agent with over 100 managed properties

Customer Question

We are an independent letting Agent with over 100 managed properties and not a single issue, however, for 2 years we let a lot of properties for one landlord in particular and had a good relationship. Eventually he asked us to manage his portfolio of 27 properties to which we agreed. After 6 months and dozens of tenant complaints about the landlord and his lack of agreeing maintenance we eventually gave him 2 months notice as we felt our reputation was being damaged.
At the beginning of managing his properties we set out an email on what we offer as his managing agent but he refused to sign a contract. So this has and was verbal only during the term we managed the properties.
We agreed to 2 months notice but he decided he wanted to end the contract immediately to which we agreed but stated clearly by email that our fees for the 2 month notice period will still be due and we collected these fees from incoming rents and paid him the balance in full, no less and no more also providing invoices to the same. He now says we are holding rents and he wants the money back as it wasn't due because the contract ended immediately, his decision and confirmed by email.
Are we legally obliged to hand over the tenant files to him, contracts gas certs epcs etc.
We also had manual copies only of the inventories and the files were passed to him.
He states he hasn't got them and we do not have online copies to re issue them.
He states this will mean he wont be able to dispute the condition of the properties with the tenants at the end of their tenancies.
Can you advise where we stand legally and could he pursue us through court for anything.
He is threatening to complain to the property ombudsmen.
This appears to be sour grapes because we terminated his contract.
I look forward to a rely
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Do you have a written contract please?
Customer: replied 2 years ago.
No he wouldn't sign one.
Expert:  Ash replied 2 years ago.
Did he pay you for the work done, Ie managing etc? Is there anything outstanding in terms of bills?
Customer: replied 2 years ago.
We were paid our fees from rents and we settled all invoices to him all documented, invoiced and confirmed by email.
Expert:  Ash replied 2 years ago.
Ok. Sadly for there is nothing in writing there is little you can do. If you had a contract that stated you retain the clients details you would be OK. But sadly no and as they are his clients you can refuse to give them.
You are required to hand over all the documents as he has paid for the, and is landlord.
I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
You haven't answered the question about the fees being deducted from the rents?
Expert:  Ash replied 2 years ago.
You are entitled to deduct fees from rents if that was discussed and agreed, otherwise you are not. Again if the fees were always deducted historically when rent was passed that counts because it shows conduct.
Does thatn help?
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.

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