Thinking Of Ditching The Letting Agents

[CW1]

Hi,

Rent a house out via a letting agent but they're absolutely useless. They were never my choice, they took the original one over. They've upset the tenant (he's threatening to sue them) and last month he started paying me direct as he wants nothing to do with them though he's not actually a great tenant, doesn't pay the rent on time, doesn't keep the place clean, etc. He's on notice at the mo' but the timing's lousy for me so am considering retracting that for a few months, IF he pays me on time this month.

Anyway, if I do retract the notice and he's paying me direct, can I ditch the letting agent ? I'd resent still paying them their 10% just to keep the deposit in a TDS and organising checkout and inventory when the time comes. They "forget" to do follow up inspection visits, haven't asked the tenant for the advance he's s'posed to have paid last June, are toothless in trying to get the rent. He "seems" to respect me, saying "I won't let you down", has been there for nearly 9yrs and doesn't want to go (but will) so agreeing the deposit he gets back won't necessarily be simple.

Thanks

[scooping]

Wow. Think you need all the help you can get.

[CW1]

LOL
This is why, after he was late paying the rent again, in June, I decided enough's enough, I want him out. But I didn't think about the timing, couldn't give 2 months notice until July, meaning I'd have to sort the house out for sale during the busiest time of year at work when we're working extra shifts. And I live over 30mins away from the house. Had the letting agent done what I asked, I wouldn't be in this situation.

[Canary42]

Sounds like it's you who should be suing the agent. Why not just get yourself another (reputable) agent >

[CW1]

That is something I'm considering doing at a later stage, Canary ;)
And it's mighty expensive setting up with a new agent, the main reason I want to sell now rather than rent out again.

[tamborine]

The agent found you the present tenant & is entitled to his charges. Only way to lose agent is to lose this tenant & replace them with another tenant you found.

[Peter Pedant]

Yeah tambo's right
you are stuck with the agent contractually until you gethim out

however that is not difficult
you tell the agent you wanna get him out as you want to sell ....

[CW1]

Thanks, that what I needed to know.
I did ask them back in May who I make a complaint to but they ignored that, all I get is "sorry, sorry, sorry", but I checked & they're a member of ARLA so guess I get in touch with them at some point.

[CW1]

Had a couple more thoughts,

1. this question only becomes relevant if the tenant pays this month’s rent on time, I then extend the notice period for a few months, AND the tenant agrees. He may have made arrangements elsewhere based on the current notice. But as far as the letting agency know, he's going in September. I haven't told them I'm planning to sell as they'll want to do it, and I want nothing more to do with them.

2. the current letting agent took over from the original agents who actually found the tenant. I’ve only ever signed one Tenancy Agreement, & that was with the original agency.

Would that make any difference ?

[tamborine]

2. Youre stuck with agent, as long as present tenant occupies.

1. Complicated! Sell or tell agent you dont want to rent, to close their deal.

[SeaJayPea]

I wonder. It sounds as though the agency may have broken their contract with you by not fulfilling their side of the bargain. Might be worth talking to your solicitor to see if there is any way you can fire them.

[themas]

You say you only signed one tenancy agreement. That is the agreement to let the property to the tenant. It is not the contract between you and the agent, which you should have had & signed when you changed to the present agent. You need to look at that one & see what it says about termination.

I know it is possible to get rid of an agent while the tenant is still in the property, but whether you can do so probably depends on the terms of your contract with the agent.

[CW1]

All I've ever signed is the Tenancy Agreement. I was expecting something from the new agency when I found out they were taking over, even something about increased fees, but I didn't hear anything.
Well, will see what happens in next couple of days as the rent's due today. If he doesn't pay this week, it's academic. But advice appreciated as ever :)

[themas]

They took over your previous agent's firm so it is likely that the terms of your contract with the previous agent will still apply as they haven't given you anything else. So you need to see what that contract said about termination.