Section 21 notice<\/a> to evict a perfectly reliable tenant. If you possess compliant, considerate tenants, asking them to leave simply to escape your agent is immensely counterproductive.<\/p>\nBreaches of Contract by the Letting Agency<\/h2>\n
Sometimes, your agency might consistently breach their duty of care. Contracts are legally-binding; therefore, when your agent fails to meet their obligations, you have grounds to terminate the agreement. This is far more serious than simply wanting to reduce your overheads.<\/p>\n
Material Breaches vs Minor Service Breaches<\/h3>\n
A material breach occurs when the agency fundamentally fails to deliver the specified service, such as completely neglecting legal compliance regarding deposit protection or right-to-rent checks. A service breach might be the failure to conduct a promised mid-term inspection. If you complain and the agency fails to rectify the situation within an allocated timeframe, typically 30 days, you can issue notice of a material breach.<\/p>\n
Importantly, courts routinely rule that a continuous series of minor service failures equates to a material breach. You have agreed to pay them a monthly percentage; they must deliver on their contractual promises.<\/p>\n
Resolving Disputes and The Property Ombudsman<\/h2>\n
If you notify the agency of a breach and they aggressively dispute it, claiming you owe them significant termination fees, you hold the right to challenge them. First, verify whether your agency is registered with The Property Ombudsman. They must adhere to a strict code of conduct, and alerting them to an impending complaint often persuades agencies to release you smoothly.<\/p>\n
If mediation fails, small claims court remains an option for disputed fees. However, a reputable letting agent rarely wants the negative publicity or expense of taking a landlord to court over a disputed cancellation, particularly if their service has demonstrably failed.<\/p>\n
At LettingaProperty, we advise you to thoroughly review every contract before signing. Whilst this article does not constitute formal legal advice, understanding these key concepts gives you the confidence to switch providers securely. If your current agency makes you feel unvalued, changing letting agents to a proactive alternative is highly advisable.<\/p>\n
Frequently Asked Questions (FAQs)<\/h2>\nCan I change letting agents while I have tenants in the property?<\/h3>\n
Yes, you can change agents with a tenant in situ. You must locate the termination clause in your contract, serve the correct notice period, and ensure your new agent seamlessly takes over the management without disrupting the tenant.<\/p>\n
Do I have to pay a fee for changing letting agents?<\/h3>\n
This entirely depends on the terms of business you signed. Many contracts require a cancellation fee or stipulate you must pay management fees until the end of the tenant’s current fixed term.<\/p>\n
What happens to the tenant’s deposit if I change agents?<\/h3>\n
The tenant’s deposit must remain protected in a government-approved scheme. The outgoing agent must quickly transfer the deposit registration to your new agent or to you directly, ensuring you face no compliance penalties.<\/p>\n
How do I serve notice to my letting agent?<\/h3>\n
You must serve notice in writing, typically via registered post or a verified email address as specified in your contract. Always keep a strict written record of all communication regarding the termination.<\/p>\n