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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Landlord Legal Issues July 2015

Tessa Shepperson of Landlord Law answers your questions

Q. Both my tenants and myself are unhappy with my managing agents. In particular their repair bills seem to be suspiciously high. If my tenants and I are in agreement about it, can we get rid of the agents?  

A. The agent's management contract is with you not the tenants, so to a large extent the tenant's views and agreement are irrelevant.  

Whenever you have a disagreement with your agents you always need to look first at your management contract to see what they have contracted to do and decide whether or not they are doing it.  

Many agents take commission from contractors who then add this on to their invoices. Technically if they disclose the fact that they take commission in their terms and conditions they are entitled to do this. However, solicitors Leigh Day are bringing a claim against Foxton's on this basis claiming that the clause in their agreement does not give proper disclosure.  

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