CoobyS

Seems like there are quite a few legal-minded people/'experiences in this matter' people on here, so maybe you can help me...

I let my property out to 4 tenants last year. I used an estate agent to find the tenants and take 10% of the rent.
When the tenancy started, I signed 2 pieces of paper:

1. A Marketing Agreement: this has no period specified for validity and says I 'will continue to pay 10% of rental income to the estate agent for as long as the tenant is in my property'. It does not specify who the tenants are.

2. A legally binding agreement between myself and the tenants for 12 months stating the property address and rent.

Now, a year later my estate agent is still trying to claim 10% of the fees, but I want to deal with the tenants directly. Can the agent do this considering:

- I have not renewed the legally binding agreement

- The Marketing Agreement does not specify who the tenants are

- The Marketing Agreement may not be legally binding by implication (?)

Let me know if you need more information before giving an opinion.

Many thanks in advance!

Andy Tang

iTrader: (3)

There is probably something in the contract about them finding you the tennants, so you keep paying the fee while they still live there!

Harry_Boy

Is there a break clause within the body of the agreement? If so, you should serve notice immediately. If not, it may well be unenforecable because of 'uncertainty'.

CoobyS

There is no break clause as far as I can see.

Very ambiguous....

Harry_Boy

In that case, write to them and state that, due to uncertainty, you are treating the contact as unenforceable and hence terminated as from the date of your letter.

The fact that you have given written notice of termination will benefit you in the event of any court proceedings.