Can I sack my Agent (please)

[Amethyst]

I feel really mean asking, but after 3 years of pretty rubbish service I'm looking to go it alone. Mr Woof told a story about great tenants.. and mine are pretty good too. I mean, they're lads.. and they do laddish things (like smoke in the house and then when I go visit all the windows and the back door is open.. even in the middle of winter). But they keep the place neat and tidy and are SO patient with the shocking estate agents, eg. they left our tenants without heating or hot water for TWO WEEKS before actually calling us in Oz to ask if we'd agree for a plumber to go out !! - They were going next door for baths and showers !!

It turns out that the tenants are sons of good friends of my parents.. so we have a 'personal' link. Sorry to ramble.. what I'm asking is - can I now terminate the agreement with the Agents (which they've creamed for 3 years now) and keep the same tenants?

Thanks heaps for the GREAT forum !

[Paul_f]

You haven't told us much about the written terms of business you already have with your agent, if any. No terms means you don't even have to give any notice of termination, and they can't charge you anything beyond the cancellation date.

If there are written terms, but with no cancellation clause saying how it should be terminated, the above applies too! The Office of Fair Trading Unfair Contract Terms guidelines (UTCCR 1999) states there must be a cancellation clause in any terms of business.

If they have been charging you for "renewal" of the tenancy, they will have to have drawn up a new agreement to satisfy any such charge, and it has to be reasonable (£58.75 inc VAT is about the maximum it should be).

I could write a book about agents' TOB's but I have to get out now & again, and some sleep periodically! Have a tinny on me!

[Amethyst]

Estate Agents Finders Fees for repairs ?? [COLOR=Indigo]

Wondered if you could advise on their latest scam...

FACTS
I'm in Oz

Bolier died.. Kings get ONE quote at 1,450 incl fitting.

Dad checks cost - thinks sounds pretty fair so go with quote. (poor Dad gets roped in)

Kings arrange for boiler man to do his stuff - he does a lot of work for them.. probably pays them a percentage finding fee.

Kings then charge little me 10% for finding this little man who does all this kind of work for them (must have been hard) = 142.50.

Kings then charge me that each rent that the tenants pay for the next 6 weeks.. equalling 142.50 + 142.50 + 142.50 + 14.25 (when they also charge me 10% of the 10% they charged)

Dad queries statement with me on the phone - turns out they overcharged.

Can they even charge 10% for finding the man to do the bolier given that I pay 15% Full Management Fee PCM?

Can I do something mean now that the tenants are leaving to screw them over right royally and find another decent estate agent :D ?????

Thanks heaps for you excellent advice in the past !! Can users donate to the LandlordZone Forum ??

[MrShed]

you're KIDDING.....thats absurd. Check your contract doesnt say there will be "finders fees" for each workman. If not demand that money back, its disgraceful.
I would not terminate the agreement until after you get that money back, perhaps threaten to leave if they dont give you the money back, then leave anyway.

[Paul_f]

Amethyst. Can you (or your dad) e-mail me a copy of the agents terms of business? It's quite possible it contains unfair contract terms.

An agent can make a charge to arrange repairs but only if you were notified of such charges before you engaged the agent. A % charge doesn't accurately reflect their workload, as the more expensive a repair the more they would earn, and I feel this is not fair on the consumer (you!).

[Amethyst]

You guys/gals are my knights in shining armour !

I must admit - it didn't sound very honest.

As a side note on paperwork, I haven't signed a tenancy agreement through my estate agent since the first tenants in 2000 and we're now on tenants no. 5... so, I'm not quite sure how the last 4 tenancies were legal.

I signed an agency agreement with them in 1999, but am pretty sure that I had to sign a tenancy agreement each time.. Of course, this is all kept safely in a folder in the UK, so I'll have to ask Kings to send me a signed copy of that... but I don't remember the 10% rule !! However, I bet they don't send me a copy - I'll ask for it all the same - and if they can't come up with it - I'll demand all 10% fees back - Grrrrr rotters !!

I'm currently collating all the rotten info I have on them over the past 3 years, of all the instances of them being utterly useless and not earning their full management fee..

Is there a tribunal I can sent this to? It'd be great to make them have to fight to keep their Rental Management Status.. they've been the most rotten agency anyone I've spoken to has ever heard of. I'd really like to flag up their very bad practices to the masses or to someone that can really do something about it - I'm a bit of a pipsqueak over here.

Thanks heaps and heaps again !!

Lucy

[MrShed]

First of all, as far as I am aware, you do not need to sign the tenancy agreement, the agent will do that on your behalf. With regards to taking it further, is the agent a member of any professional body? Complain to them if they are. And if you want to take the money further, you could take them to small claims if they refuse to give you the money back.

[Paul_f]

You don't say where Kings are located as there is more than one agency of the same name in the country.

If they are members of ARLA/NAEA/RICS all three bodies have a complaints procedure where members can be disciplined and fined, but at the moment they won't be able to get you any money back until they have their redress systems in place which is taking shape.

If they do not belong to one of the above you are likely to have to complain to the local TSO if their terms of business with you contain unfair terms. If your contract with them is pre November 2001 which is appears to be then the 1994 regulations will apply and not the (tighter) 1999 regulations.

Only the courts can decide whether a term is unfair; the TSO and OFT only take action against an agent themselves if they consider it meritorious to do so.

[Amethyst]

Hello !

The Agency is ARLA registered and is in Slough.

I do wish I was closer so I could go and sit in their office and go through the long, long list of errors.. including me being threatened by bailiffs as we were owing on our concil tax - which Kings also forgot to advise us of until it got the worst, black mark stage.

Anyhoooo, I'm really hoping that with the change of tenants we can have a change of agents...

Thanks heaps again.

Lucy in Oz

[mjpl]

I have read the majorty of the post but missed the last couple. If it is any help, please note the following:

It is not unusual for an agent to have a % charge for works over a certain amount. This is in part due to the increased liability on the part of the agent for arranging and inspecting these works. Clearly if you return and find the boiler is naff or badly fitted it will be the agent you pursue and not the contractor. Normal terms are for a % charge for any single item of work over £500.

Serving notice on your agent is rarely possible without some kind of financial penalty. Most agents will allow you to end your management or rent collection service but will still expect you to pay the finders element of the fee.

Not always easy. I suggest you document their failures and report them to ARLA. That said, it does not sound like you are familiar with your Terms & Conditions, I suggest you revisit them.