Hope this post is in correct topic!
In short:
1.We are first time landlords
We use an agency, they promise to regularly inspect the property, and do repairs as necessary, costs to us of course
2. Tenant contacts us direct saying 3 years of minor problems have gone without repair, Agent has only visited about 3 times (this could be exaggerated) Tenant says they are frustrated with lack of response from agent. (with other niggles cited)
3. Have checked our contract with agent (we have not been happy with them for a while because of lack of response on other issues)
(condensed clause in contract says):
either party may terminate agreement if a material breach of any condition in agreement is breached.. 3 month's notice..£299 +VAT to be paid if we go direct with the tenant ("let only fee")
Question: Can I get around the 3 month notice in light of these complaints and do I have to pay the let-only fee to the agent in these circumstances?
Thanks in advance.......
My issue is that the tenant is excellent and has maintained the property well, her complaints aside, which are down to maintenance the agent should have organised
You are presumably saying that there are three separate clauses saying those conditions, without linkage by way of sub-clauses?
Perhaps write to agent citing the facts you allege, and that they are in breach of contract. See what they say. Then you have to consider your next step depending how they respond.