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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I signed a Rental Management Agreement with a property

Customer Question

Hi there,
I signed a Rental Management Agreement with a property management company(rental only not dealing with buy/sell houses). Because of their unsatisfied service and poor attitude, I do not want them to let my property anymore. It is been nearly a month not rented and they are looking for sorts of excuses to put responsibility on me. If I want to break the agreement, do I have to pay the letting fee?
In the agreement - Fee section, there is nothing mentioned about fees related to letting, things like letting fees, open viewing fees; only credit check fees related to me as now.
In the agreement - Termination section, only three paragraphs. 1. one month written notice to terminate for both parties. 2. Any dispute cannot be solved, they can terminate immediately. 3. If I put property on the market without telling them. they can terminate immediately. Nothing said for fees after terminate either.
Situation now is they don't want to terminate early, only if I pay for the invoice for letting costs, which includes Advertising fee, open viewing section fee, and credit check.
I am happy to pay for the credit check fee as on the agreement, but do I legally have to pay for all the fees? or does the agreement not applicable for letting at all in the first place?
Is it true that a landlord can find more than one letting agent to rent their property? whoever rent it out first will get the letting fee from tenant? (I do understand only one property manager is allowed to manage property after rented)
Thank you very much for your help!!
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

Property managers are not regulated under statutes, so the deal with you and them is contained entirely in the contract. If the contract provides for one months notice to cancel then you can do so. You should look to see if the contract requires that they have exclusive rights to rent during the currency of the agreement, and if not, you can ask another agency to find tenants. As for the extra charges, if the agreement does not provide for these then you don't have to pay them. They normally get paid from the tenant paying the letting fees and a percentage of the rent so the charges are carried by them.

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