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Landlord Legal Issues

Solicitor Tessa Shepperson of Landlord Law answers your questions

Q. I want to re-let to my tenants but without the agent being involved. Can I do this - there is nothing about it in the tenancy agreement?

A. You need to look at your agency agreement not the tenancy agreement. An agency is a three way contractual situation between you (the principal), the agent and the tenant (the third party).

The tenancy agreement is the document which sets out the terms of your agreement with the tenant. If the agent is a part of this it is just as your representative. Your arrangements with the agent are nothing to do with the tenant and should not appear in the tenancy agreement.

You will normally have signed an agency agreement with your letting agent at the time they started acting for you. This should contain details on ending the agency retainer. Normally this is upon giving written notice of two to three months.  

As the tenant was sourced by the agent, the agency agreement will also sometime provide for commission to continue to be paid to them after the agency agreement has been ended. So long as this clause is drawn to your attention before you sign the agency agreement and the period of time concerned is not longer than about two years, this can be enforceable.

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