LETTING AGENT PROFITTING AT MY EXPENSE

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M
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Foxtons have let out my property for me sicne Oct 06. I paid them circa 2k in letting fees for finding me a tenant and for managing the tenancy for the initial 3 months as they said this was a condition of the tenant's offer (which I now have reason to doubt). In addition to the letting fee, I was forced to pay 320 + VAT to use their tenancy agreement (though I stated a preference to use the ARLA approved one provided by the RLA). I do not believe Foxtons are ARLA registered.

Since then, Foxtons have mis-spelt my name on the tenancy agreement and they have only obtained a signed faxed copy of the tenancy agreement from the tenants. I have contacted them at least twice at the beginning of the tenancy to rectify this yet they have failed to do so. I also asked them whether a faxed TA was admissable as evidence in court and again they have failed to respond. Most recently, the tenants were 2 days late to pay their rent during the christmas period (because Foxtons require the rent to be paid to them 3 days before the tenancy due date) and so they have charged my tenants 40 + VAT for this 2 day lateness. In the end, I am seriously wishing to cancel my dealings with Foxtons as I feel they are not only profitting at my expense they are in danger of p**ing leaving bad relations for me. My questions are therefore

1. Is there any way that I can stop having the rent paid through Foxtons and get the tenants to pay me directly as the tenants have stated a preference for this since Foxtons are annoying them too?

2. Do I and the tenants have any legal right to have their deposit transferred over from Foxtons to myself instead of Foxtons holding it?

3. As Foxtons have failed to correct my name on the T.A. or obtain the original back from the tenants, is it possible that I can reclaim my 320 + vat back as they have not given me the service for which I made payment (And I do not know whether the TA is legally binding with my name spelt wrong). I would prefer to use your ARLA tenancy agreement instead. Would it be feasible for me to enter into a new TA with the tenants using my own agreement and recover the paid fee from Foxtons?

4. Foxtons charge the tenants 40 + VAT for sending them a tenancy arrears letter. I do not think it is right that they profit from the tenants rent being late as I have paid them for management and letting and I am the one who is due the rent and it is my account that is overdrawn when the rent is not received on time. Do I have any come back on this issue?

I urgently look forward to your help on this matter so that I can contact Foxtons to sort it out.

Kind regards, Ee

04/01/2007 00:00

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