terminating with letting agent

[sukesu]

We used a letting agent to find our tenant and then manage the property. We signed an AST with the tenant for 1 yr and the contract we have with the agent was for 1 months notice.

Here is the dilemma, 6 months prior to the AST ending our tenants stopped paying rent....we followed all the standard procedures right up until bailiffs were due Feb 19th (2 months after the AST ended) Miraculously the tenants came up with the outstanding rent and have 1 month since paid three months up front to stay in the property until the 20th MAy. All this so far has been paid direct to the lawyers. The lawyer has forwarded via the letting agent the rent we were owed up until the end of the contract ie 12th December, he is just balancing the books as the tenants also paid our court costs and interest etc.

I want to terminate using the agent. To be honest since the non payment of rent and the hand over to lawyers they really have done nothing for their 300 pound a month and I wonder where I stand. The fact that the AST is finished does it mean I have to still give the agent 1 month notice?

My lawyer is kind of sitting on the fence saying the agent referred me to them and doesn't feel he can advise on our situation.

Any thoughts of where we stand legally - can I ask the lawyer to pay us the remaining money direct ie from 12th December to 20th MAy or do we still have an obligation to the agent until we give them 1 month notice.

Thanks

[Paul_f]

You really need to read your terms of business and might wish to refer it to the local Trading Standards office if you feel there might be any restrictive clauses.