ending a contract with letting agents but keeping tenants on in flat | The Tenants' Voice
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ending a contract with letting agents but keeping tenants on in flat

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1838 views 1 replies latest reply: 18 February 2015

Hi, I signed a one year rental guarantee contract with a letting agent in south east London. I have told them I do not want to renew it, but am happy to keep the tenants on and pay the introduction fee, which is stated as an option in my contract. The initial response from the agent was no to this request. The contract also states that i am prohibited from signing up said tenants for up to 9 months after they have moved out(been old too by the agents). I have spoken to the tenants they are happy to stay on and I do not see the need to make these people homeless and have to spend more money on fees and admin charges. legally the agents are my tenants and the renetrs the sub tenants under the rent gurantee scheme I signed up to. just checking if anyone knows a) if any clause that dicates who i can rent to and who renters can rent from is deemed as an unfair/legal term of a contract b) what I can do to enforce the stipulation that if a fee is paid to the agent then I can keep the tenants. I really feel strongly that these people should be left in peace in flat they are happy in and not be disrupted. Yes I can get new tenants no problem, but its the fairness and the principle that I find bothersome. It seems churlish of the agents to insit they move out. Any thoughts greatfully appreacited. Thanks.

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Hi Ms Edgar

It’s very difficult to respond to this without seeing the actual agreement but if keeping the tenants on and paying the introduction fee is an option in the agreement, on what basis do the agents refuse? In terms of being an unfair contract term, there’s some information here on unfair contract terms in tenancy agreements (whether this applies will depend on whether you’re viewed as a consumer). I’m not a lawyer but I would imagine this is a contract term that might be quite common in rent guarantee agreements to protect the agent’s business so possibly not unfair. It might be an idea to take the agreement to your local law centre and get some free legal advice on whether there’s anything you can do.

I’m not 100% sure what you mean by ‘enforce the stipulation that if a fee is paid to the agent then I can keep the tenants.’ If the agreement states that you can keep the tenants by paying a fee then all you need is proof that the fee has been paid. Again, without seeing the agreement it’s difficult to really give you any feedback.

The law centre might be your best bet. It would be a shame if you can’t keep the tenants, especially as you’re taking such a fair and reasonable view on their situation – we get so many negative comments about unreasonable landlords on here and you’re obviously one of the good ones! 


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