Dealing direct and removing the letting agent

Landlord Discussion
1

Hello,
I have looked at similar posts here regarding removing the letting agent and dealing directly with the tenant. One or two posts I could find suggested that the LA would still be under contract to receive some payments/ landlord is still liable to LA for finding the tenant? I may plan to take back control at the end of the 12 month AST and keep the tenant.
I cannot find any wording like this in the AST, aside from
"Early Termination Fees
Should the tenant request early termination of their tenancy, and the Landlord agrees to said request, the Landlord/ Agent will be entitled to recover the Landlord’s Letting Fee as detailed in the Terms of Business between the Landlord and Agent, from the Tenant. This is currently £390 (£325 + vat). The tenant will also be responsible for the rent up until the day a new tenant takes over responsibility or until the date the tenancy or tenant’s notice period runs out, whichever is soonest. This procedure is always subject to landlord’s consent, contract and references."

I am told there is a separate terms of business I need to find?
Surely I can just say look I have used you for x years, now I am taking back control thanks, please leave the tenant inside and I will deal directly with them.

2

The AST is the tenancy agreement you have with your tenant. The contract with the LA will be a separate document and should contain clauses that detail what their terms are if you want to terminate your contract with them (not the tenancy as you’ve quoted).

2 Likes
3

I can’t find the contract anywhere, is there a specific name for this?
Also what is the correct order when taking payment from the tenant?

  1. Receive upto 5 weeks rent in advance for deposit protection + 1st months rent in advance
  2. then sign the AST?

Thanks

4

You’ll get a variety of responses as to whether you do 1 then 2 or the other way round. I always advocate doing 1 immediately before you do 2. Sometimes the T is at the property with me on check in day and they transfer it on my phone and I check it on my phone before we sign the AST which is in front of us. Usually, they’ve paid by the time we do check in, but I don’t sign anything until they pay. Other LLs do it the other way round.

I’m curious though, why are you asking this question on a thread you started about an existing tenancy rather than starting a new one?

When you asked the agent to act on your behalf, they will have sent you a contract which you will have signed and returned to them. Check back in your emails to see if you can see it there. If not, request a copy from them saying you can’t find yours. They’ll have it.

5

I doubt your contract with the agent allows this. How would you like it if the tenant stopped paying the rent? You made your bed… once tenant leaves you should be free to not use an agent