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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2680
Experience:  Freelance Solicitor at Self Employed
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Dear Vineet, I would be grateful for your help once more. I

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Dear Vineet, I would be grateful for your help once more. I have heard back from the managing agents and there is no change to their offer. They have denied negligence on their part and made a serious mistake in as much as they have failed to look after the properry since 2017 not 2020.I have decided to cut my losses and end the agreement. I have found another agent.Based on the agreement, how much would I have to pay Dexters to end it?
And do the tenants have to comply? What would I do if they refused?Many thanksAnna

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Hi there,

As previously advised , you need to make a formal complaint via the internal complaint procedure of the agents .

It seems that a formal complaint has not been made .

Before escalating the matter further to TPO , and to approach court for professional negligence.

This attached agreement is effective from 23-11-2020. So, you can make the agents liable for their professional negligence after they signed up to manage your property.

If they were managing the property earlier too, then you need to attach that agreement and refer the agents to the earlier contract.

It is an open ended contract -it does not stipulate the date on which it will end. Agents can charge you fee till the tenant placed by the agents are occupying the property.

You can change the terms from full management to Let only, in which you will collect the rent directly from the tenants.

You would need to give 1 month notice and the fee under the agreement would be due .

It would be 16% + VAT of the rent for the remaining term of the current tenancy agreement .

I hope this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 21 days ago.
HI Vineet, I did make a formal complaint and the letter is their formal response. My original complaint mentions that they had been managing the property since 2017. I think that they have intentionally ignored this.I am not sure that I want to pursue this. If I cancel the contract, what would be the financial consequences? If I told the tenants that I wanted to change managing agents, what would can they do? Can they refuse? Please let me know what your costs are as you have spent a fair amount of time on this. Many thanks. Anna

Hi Anna,

Last paragraph of the reply from the agents, suggests that you did not make a formal complain via their internal complaint procedure.

Regarding terminating the contract with Agents, you would change the full management to Let only.

You would have to give 1 month notice to the agents, and would have to pay 16% + VAT of the rent for the remaining term of the current tenancy agreement , as the tenants were introduced by the agents.

Tenants can not refuse or object to your changing of the managing agents.

There are no sperate charges for me that you have to pay here.

Thank you. Best wishes.

Customer: replied 21 days ago.
Hi Vineet, thanks for this. Very helpful. If I give the tenants notice and they refuse to leave, what could be the consquences?Best wishes
Customer: replied 21 days ago.
I am going to ask to call you, hope that is OK.

You would have to serve eviction notice , and if the tenant refuses to leave after the expiry of the notice period, then you would have to approach court to get possession orders.

Kindly note, I am not available for phone calls , however I can easily assist you further via this online chat.

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Customer: replied 21 days ago.
OK, thanks for letting me know about the call. I thought that the lease was for two years and not open ended?

I was referring to your management contract with Dexter.

Under the Letter of appointment .

Customer: replied 21 days ago.
Oh, sorry, but the tenancy agreement is for two years, I think. I will check and get back to you if needed. Thank you so much. I appreciate, so much, your help and support. Thank you.

You are welcome. Best wishes.

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