Problems With Agents FAQ
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Problems With Agents FAQ
My letting agent is not giving us warning of people visiting the flat to do maintenance. None of my flatmates or myself were warned about this. What are my rights to prevent this from happening?
ANSWER 1:
As the tenant, you have a legal right to what is known as "Quiet Enjoyment" - that means your landlord, letting agent, or even workman are not allowed to enter the property without giving you 24 hours notice, unless in an emergency e.g. the property is on fire.
I would remind your letting agent of your statutory rights.
Can a letting agent request the landlord to pay a year's commission up front even though the tenants they have provided will be paying monthly?
ANSWER 1:
Yes, they can. A letting agent can structure their fees however they wish to. If you're not happy with their payment structure, you can use a different letting agent which offers a more suitable payment plan.
It's important to note, the agent isn't necessarily "overcharging" you. They're simply asking for you to pay for their service upfront. There's legally nothing wrong with that.
I want to leave my letting agent so I can deal directly with my tenants. Can I do this or do I have to stick with the agency as long as the tenants they found are in the property?
ANSWER 1:
Check your agreement with the Agent in question. Most clever agreements will state that the tenant 'belongs' to the agent and that a fee is levied if you sell the house to a tenant which the agent has introduced to you. These clauses may also extend to removing the agent from a letting process. Some agreements are not explicit though -you may be able to negotiate with the agent to remove them from the process but in any event it will cost you money. I have heard of people 'serving notice' on the tenant to get 'around' this but BE CAREFUL because agents are aware of this activity and may well have clawback from you - they may even want to check out the tenant!
Can an estate agent remove a tenant from a property if the landlord wishes to change estate agents and terminate the contract with the original estate agent. Bearing in mind the initial contract period is over and the landlord wishes to keep the tenant.
ANSWER 1:
The simple answer is no. However, the letting agent will normally have a provision in the contract with the landlord as regards payment of commission in this eventuality.
I believe my letting agent has provided me with a poor service. Can I complain to anyone or do anything about it?
ANSWER 1:
If you have tried talking to them about it then you should put your complaint in writing to them. If you are still unsatisfied, you should find out if they are a member of The Property Ombudsman. If they are, make a complaint to them. Otherwise, the Office of Fair Trading may be your best option.
My properties are fully managed by a letting agent. With my permission, the letting co placed a tenant with two dogs, the dogs are much larger and of a different breed than described by the letting company. Have they failed to take necessary steps to protect my interests and should they have been more diligent?
ANSWER 1:
Yes they should have been more diligent. However you allowed the tenant with their dogs? If it is in the contract that they are allowed then you can't do anything. If it's not than you can. I'd change the letting company.
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