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Forums > Active > The Netrent Forum
Subject: Letting Agents Fees

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Author Messages
maisie
Posts:1
01 Jul 2009 13:03:16 Alert 
Can Letting Agents claim fees when tenants have refused to leave at the end of an AST Agreement and we have served & implemented Section 21 Notice?
rod-davies@hotmail.com
Posts:4
15 May 2010 16:32:21 Alert 
You say WE have served etc is that you yourself or the agents?
All this depends on the contract terms between you and the agents [**] but in general if the agents have actioned the S21 and the followup court proceedings, then the agents have failed to act properly in your interests (for which they are paid) then it would seem unlikely that they could claim fees on passing rent thereafter
If you yourself have issued against the tenant(s)with the agents having that knowledge and agreement and possession has been granted by the court, then again it would seem unlikely.
[**] You will recall that recent series of case hearings in London concerning the OFT and Foxtons. Here it was held that the terms needed to be fair to and benefiting to the customer and perhaps the contract between you and the agents should reflect this in that if a term (allowing the agents to still collect rent after court possession of if the agents are unable to enforce the S21 notice and regain possession) is nor benefiting to you it should not, and most likely, cannot be relied upon by the agents.
Taking full legal advice may be necessary
In the meantime if you are a member of the NLA, they have an excellent free advice line
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Forums > Active > The Netrent Forum > Letting Agents Fees


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