Sodding estate agent

[968]

Ok, I need some advice from any legal eagles here.....

I co-own a house near Canary Wharf, which I have recently let out, via Foxtons, which is perhaps the biggest mistake ever!

They initially had a corporate let lined up, great I thought, and this was to be a managed let (17% commission!) but I thought, ok, if thats the way it is.... but then that fell thru. Then 3 guys wanted to house share, which we agreed to. Foxtons proceeded with the let, and we signed an agreement, based on this let being UNMANAGED.

Foxtons are insisting, that this is a managed let, and are trying to charge us commission appropriately. They claim that in a verbal agreement, between ourselves and them, we agreed a managed let, which is simply not true. The paperwork they have sent out, states that the commission they will charge is at an 11% rate (ie unmanaged).

I have tried contacting them, but they avoid phone calls, and have emailed them but have received a highly patronising reply. I am beginning to think about legal action, what is the consensus about where I stand?

[deva link]

In estate agent's T's & C's it usually says something along the lines of 'nothing verbal means anything, unless confirmed in writing' - surely that cuts both ways?

[miniman]

Seems to me that they have quoted you, in writing, a commission rate for unmanaged - i.e. 11%. Can't see how they have a pot to piss in. I would ask them to produce an agreement, in writing, that states otherwise. Verbal is not binding IMHO.

[968]

miniman said:

Seems to me that they have quoted you, in writing, a commission rate for unmanaged - i.e. 11%. Can't see how they have a pot to piss in. I would ask them to produce an agreement, in writing, that states otherwise. Verbal is not binding IMHO.

Cheers chaps....

[Pickled Piper]

968,

Who collects the rent? If Foxtons collect the rent and deduct their commision then you are stuck until you resolve the situation. If you get the rent directly then tell Foxtons to go swivel. If the former then perhaps you could pursuade the tennants to start paying you directly.

Mrs Piper is a Solicitor. She's found that when dealing with Estate Agent types, they are always big on shirty letters and bluster. This always equates to them having a weak or non existant legal position.

If you have to go the legal route start with the CAB as this is free and they have good duty solicitors.

Good luck.

pp

[968]

Pickled Piper said:

968, Who collects the rent? If Foxtons collect the rent and deduct their commision then you are stuck until you resolve the situation. If you get the rent directly then tell Foxtons to go swivel. If the former then perhaps you could pursuade the tennants to start paying you directly. Mrs Piper is a Solicitor. She's found that when dealing with Estate Agent types, they are always big on shirty letters and bluster. This always equates to them having a weak or non existant legal position. If you have to go the legal route start with the CAB as this is free and they have good duty solicitors. Good luck. pp

Sadly they collect the rent, which is the problem. At present, I am so annoyed that I am tempted to give the tennant their notice and tell foxtons to foxtrot oscar.