Many thanks. In the assumption that there is a majority of the management company in support of your position, you can consider the following steps in resolving difficults you are experiencing with your agent which appear to extensive. Based on the list you have supplied, taken on face value the actions of the agent appear potentially negligent which can be grounds for terminating the contract on its own but the lack of a written document detailing the cancellation provisions may mean you can look to terminate the agreement on reasonable notice notwithstanding potential negligence. If no agreement can be located, you may wish to consider giving notice of termination based on reasonable notice of between 1 and 3 months as you consider appropriate - if possible by agreement with the agent but if not, unilaterally.
If you cannot reach agreement the initial most straisghtforward approach which does not incur any court fees or other legal expenses is to consider making a formal complaint to the agent which he must respond to fully within 8 weeks. The agent is required by law to be a member of a property redress service which has the power if you cannot resolve your complaint directly with the agent within this period you can you ca refer the same to the redress service which can make an independent determination which is binding upon the agent. There are three redress services and all their servicesa are free to use. You can ask the agent for details of which they are a member of or carry our a search on their websites:
You can seek compensation for any negligence and a decision as to determining the contract you have with the agent. Their decision binds the agent but not you.
If the above approach is not successful and you are still not able to resolve the matter with the agent, and the agent for example refuses to accept your notice of cancellation, continues to demand payment, refuses to hand over documentation and so on you can consider seeking an court order for the agent to determine the contract and hand over all property belonging to the management company together with any balance of funds controlled by the agent. However care should be taken with this approach as it will expose the company to legal expenses if not successful. The first approach is therefore almost always a better place to start however the following is the form required to issue an application for a court order though there are further potentially better alternatives below to also consider.
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