Escaping Letting Agents agreements...help!

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Joined
8 Oct 2005
Posts
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?
 
Thanks for all of your replies. I'm
replying via iPhone right now, so can't give the most detailed reply.

Those who have mentioned me getting the other two tenants to Sign the contract in exchange for a rent reduction were pretty much on with my line of thinking.
I'd offer a little off a month in exchange for their cooperation.

I'd really like to avoid going to court as Im not in the financial position to carry on if things go belly up.
I will read that article when I get to work tomorrow though and I may well have enough to make my agent reconsider their position.

My third option would be to stick with the agent but revise the contract to disallow anymore re-introduction fee.....
 
"Where the tenant is more than one person, then providing at least one of the persons who signed the original Tenancy Agreement extends, renews or continues the tenancy then the same fee shall remain payable.
In the evern of a third party (being person or body corporate) associated with the tenant or occupant entering into a subsequent agreement the same fee shall remain payable.
Furthermore should at least on of the persons who signed the original tenancy agreement vacate and then enter into a new tenancy on this property within twelve months of vacating, then the tenant shall be deemed ti have been introduced by Lloyds Residential Property Services and the aforementioned "Tenant Introduction" fee shall be payable.
The aforementioned fees are not refundable and are payable regardless of whether or not a new tenancy agreement is signed, and irrespective of whether the extension, renewal or continuation was negotiatedor arranged by Lloyds residential Property services."



:(
Doesn't really leave me with much to work with...
 
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