Escaping Letting Agents agreements...help!

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8 Oct 2005
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179
Hi

I've got a bit of a problem and would like some advice from anyone with a little knowledge on the area.

I've had my property let with a letting agent for almost a year now. They've taken their introduction fee and their partial management fee for the past 10 months. The tenants have been great, rent on time every month. But the agent have done nothing but charge me money, without doing much work for me to justify taking such a large sum.

However, now, I have spoken with the tenants who would like to stay on. But I've also found out that the agent charge a renewal fee identical to the original introduction fee of 10%.
For me this comes to £3000. £3000, for doing nothing.
They arent introducing anyone new so I just can't see how they can justify charging the same amount.
The original introduction fee I have no problem paying. I'm using their marketing resources and referencing system to get good reliable tenants into my property.
Some may agree with the renewal fee matching the introduction fee. But I'm not here to debate this.

Unfortunately, this is in the contract that I signed last year. I know this is pretty much standard practice with letting agents so I don't feel like going anywhere else would benefit me.
So I'm obligated to pay if the same tenants stay on with the same agent in charge.

However. I have noticed a little loophole in the wording on the contract.
I don't have it with me at work but it goes a little like this:

"Should the tenant(s) who originally signed the tenancy agreement sign any other agreement of contract to reside in the property within 12 months of [LETTING AGENTS] end of contract or vacating of the property. The same introductory rate will apply."

So, in other words, if I take them on on my own, I still have to pay the rate. Which seems ludicrous to me.

The loophole I mention, involves the wording, and a fortunate bit of luck for me.
There are only 3 names on the agreement, but 5 people at the property.
I could convince the other 2 people who aren't on the original agreement to sign an agreement with me for residing at the property.

Would this be a way to get around the agents policy?

I'd really love some advice or alternatives on how to escape being charged a silly amount of money for literally nothing being done.
If the rate were 5% I might consider paying and carrying on, but it isnt!

Thanks for any help.

-g
 
But the people who would be on my contract have no mentioning on the original contract. So in essence I'm using different people who are sub-letting to the original tenants...
How could I be claimed against for this?
 
But the people who would be on my contract have no mentioning on the original contract. So in essence I'm using different people who are sub-letting to the original tenants...
How could I be claimed against for this?

Your letting agent/Judges/Magistrates aren't stupid.
 
You could always try a slightly more moral legal approach. Something along the lines of taking them to court to justify the fee. You could even - legally - cite the recent bank charge case and try to get them to list what they do in order to justify that fee.

Might even gain some publicity (send this info to papers, local and national to garner some interest).
 
you say theyre good tenants, pay the rent, bills on time etc

Well, dont ask them to sign a new contract then. If theyre a good bunch they wont need one. Just tell the letting agent scum you wont need them anymore once the 12 months are up. I stayed in my last flat for 5 years and only signed one 12 month contract when i moved in.

Your loophole is only having 2 of the 5 sign a new contract anyway, the other 3 wouldnt sign anything, so you might as well not have any of them sign anything and that will allow you to terminate your association with the letting agency.
 
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But the people who would be on my contract have no mentioning on the original contract. So in essence I'm using different people who are sub-letting to the original tenants...
How could I be claimed against for this?

that's what I was thinking tbh.... I'd be interested if someone could explain why that wouldn't work, two completely different people signing the lease...

those two might be living there but they're not the official 'tenants' introduced to you rather they're subletting and surely putting them onto your own new lease shouldn't have anything to do with the letting agent...

Also what is the worst that could happen - you have to go to small claims court and pay the letting agent the fee that you would have been paying anyway....

I'd be tempted to offer the tenants a kickback of a few hundred in return for switching the people on the lease for 12 months and playing along with it.
 
I'd consult a decent solicitor well versed in letting and contract law to see how to extracate yourself from this situation with the least amount of money spent. You may be able to get the letting agents to agree to a final "re-introduction" fee and then terminate the agreement between you.
 
You could always try a slightly more moral legal approach. Something along the lines of taking them to court to justify the fee. You could even - legally - cite the recent bank charge case and try to get them to list what they do in order to justify that fee.

It's not the same though, as the bank charges were/are a penalty fee for a breach of contract and the argument is that a penalty cannot be greater than the breach, ie. the penalty paid cannot be more than the cost of the administration the breach caused to the bank. The OP has a contractual fee (what the banks are now switching to) which says that he pays them £x for a service.

That £3,000 fee sounds an awful lot. It's been a while since I worked for a letting agents but back then it was only around £150. Are you sure it's right?
 
You could always try a slightly more moral legal approach. Something along the lines of taking them to court to justify the fee. You could even - legally - cite the recent bank charge case and try to get them to list what they do in order to justify that fee.

Might even gain some publicity (send this info to papers, local and national to garner some interest).

This is where I would start: get them to justify that fee and maybe suggest an alternative for your continued use of their services...?
 
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