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Zoodoo
23-03-2010, 13:41 PM
Hello everyone

I've only just come across this forum, silly me, wish I'd found it ages ago.

I have a question I hope you can help me with (well its almost 3!). Sorry the message is a bit rambling - am trying to paint a full picture!

I have a flat which was originally on an 18month AST agreement through a large agency (which I have a "pet" name for but I don't want to get thrown off the forum on my first post!). I had hoped to use another agency but this one was so fast in finding a great tenant. And I do love my tenants.

Anyway, the agreement ran out just over 6 months ago and I was hounded by the renewals lady and (sadly) I was too busy to look into things properly (no excuse I know) and just agreed as they gave me a "discount" from the previous 11% to 7%. Bargain (not).

That was for 6 months. That has now run out already and the new renewals person has been hounding me again. I told him the tenants wanted to stay til July 31 and that was what I had agreed with them.

He sent us both out a renewal form which my tenant signed but I have not. He called and called and emailed and emailed but I was asking him to show me what I had signed that required me to continue with said agency and to pay them commission. He did send me something but it was so poor resolution that I couldnt read it and asked for it again or for it to be posted. He got very annoyed with me and threatened to charge me 6 months fees if I didn't sign. Anyway - am waffling, but it turns out I didn't sign a renewal last time either nor this time - and the tenant didn't sign one last time.

Then on seeing my bank balance yesterday the agents have paid me the rent minus their commission.

My question is can they do this?
And if not, could they charge me the last time they renewed with no documents?
And lastly, if I just carry on with my tenants (excluding the agent) how does the tenant get back their deposit paid to the agent?

Thanks very much

westminster
23-03-2010, 17:25 PM
Then on seeing my bank balance yesterday the agents have paid me the rent minus their commission.

My question is can they do this?
And if not, could they charge me the last time they renewed with no documents?
It all depends on what it says in the contract you originally signed with the agent. Go to their office and ask to see the original document, and get a legible photocopy.


And lastly, if I just carry on with my tenants (excluding the agent) how does the tenant get back their deposit paid to the agent?
The agent should have protected it in a scheme and provided details of this to the tenant. You should check this has happened as you are ultimately liable for failure to comply with deposit protection, as well as for returning the deposit to the tenant. Is the agent a member of a professional body such as http://www.arla.co.uk/ or http://www.naea.co.uk/ ?

Zoodoo
23-03-2010, 20:36 PM
Thanks for replying.

I've asked them to email or post the original contract but they won't do it - or send something illegible.

If I've not signed a renewal am I now in a Statutory Periodic Tenancy?

Thanks again

pinkwallpaper
24-03-2010, 06:51 AM
I have been posting almost the same query in the letting agents forum, you may find more info there.