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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a landlord and am in a dispute over my lease with the

Resolved Question:

I am a landlord and am in a dispute over my lease with the management company. They want me to use one of their nominated letting agencies, but for 7 years I have used one of my choice which I am very happy with, but is not one of their nominated ones.
I have recieved a letter from their solicitors This is why I need legal advice
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

HelloCustomer

 

Thank you for your question.

 

In the letter from the solicitors do they refer you to any part of the management agreement (or any other agreement that you have made) in which you are obligated to use the nominated agency?

 

Kind regards,

 

Tom

Customer: replied 6 years ago.
Yes they refer to the part that says they nominate two letting agencies. It doesn't say I can or cannot appoint one of my choice.
Expert:  Thomas replied 6 years ago.

Right, have you actually had a look at the clause as it stands in the agreement with them?

 

Unless there is a right in the agreement entitling you to appoint an agency of you own or you can prove that you either signed the agreement under duress or that the term itself is an "unfair" term under Unfair Terms in Consumer Contracts Regulations then you will be bound by it. Although it may be unfair in that it makes you suffer a detriment it is questionable whether it caused a imbalance in your rights as presumably you took legal advice on the agreement ?). It's also arguable whether you were in fact a "consumer" for the purpose of the regs.

 

The clause is likely enforceable but you should check the legal advice you received in respect of the agreement, you may have a claim against you solicitors if they did not inform you of the clause.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

 

Tom

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