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Legal matters

Terminating managing agent agreement (property)

5 replies

bicyclebuiltforfour · 10/04/2013 01:13

We're totally fed up with the managing agents of our property. They have repeatedly breached the contract terms, ignored our emails (I've had to chase them for over a month to get a response to something), not engaged contractors as agreed etc etc.

So we want to terminate our agreement and manage the place ourselves.

The agreement is due to end in September. It contains a clause that we a) have to give two months' notice to terminate and b) if we terminate, we have to pay all fees which would be due under the contract.

My question is whether we have to abide by these terms considering how they have breached their side of the contract: does their breach release us from our obligations under the contract? We're very loathe to pay them anything...

Anyone have any experience?

Thanks.

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NumTumDeDum · 10/04/2013 01:21

How much do you pay them a month? It's usually a percentage of the rental income isn't it? If that is significantly less than the cost of a solicitor's consultation, a legal letter and the cost of them responding and subsequent advice then I would simply pay them up to the end of tge contract and sever ties immediately and either manage yourself or get a replacement immediately. Just because you pay them to the end of the two month notice period does not mean they have to continue managing and potentially create more problems for you.

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NumTumDeDum · 10/04/2013 01:23

Sorry I meant pay them to the end of contract not two month period. You could however try stating you will pay the two months notice on the proviso that you will not take their breaches any further and try to limit the costs that way. I doubt they want to incur legal fees any more than you do.

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bicyclebuiltforfour · 10/04/2013 01:58

Yes - we pay a % of the rent. Would have thought it was less than going down the legal route, and significantly less hassle. Just want them out.

Saying we'll pay the two months and then not take the breaches any further is a good tactic. There are only a few months left to run after that, so you're right that they probably won't want the expense of chasing for those fees. Thanks.

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NumTumDeDum · 10/04/2013 06:15

Good luck! I just sacked my agent myself and I'm going to manage my property myself from now on. It's quite upsetting how bad some of them are.

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delightedtohelp · 22/04/2013 21:51

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