No HiP, Property Off-sale after 6wks - leg to stand on?

[JOHNC30]

After reaching desparation pt from a vacant buy-to-let I decided to sell. Put on market and signed agency agreement for free HiP payable on sale, or if withdrawn early.

Typically, after 3-4wks (and not so much as phone call from sales agent) perfect tenant arrived. Property taken off sale with agent (& paid £180 marketing fee).

No HiP had been done, no paperwork signed or started to produce etc. (except original agreement when put on sale).

Now agent wants money for HiP (£400) as property let out on AST for >6mths.

Will I have leg to stand on if I dispute as seems wrong since taken off so early, or is only option to put back on sale with tenant?

Advice??:confused:

[jeffrey]

It depends on the precise Agreement into which you and A entered.

[quarterday]

Clearly its reasonable for them to be paid something, but not for services they can't provide!

[Poppy35]

and they have actually broken the law by marketing the house without a HIP in place!

Suggest this to them and perhaps they may drop their fee - they cant charge you for something they have not done!

Are you aware you need EPC though if you have let it out? Again this is needed before marketing can commence.