LETTING AGENT PROFITTING AT MY EXPENSE
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
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