After experiencing management problems with my property by Countrywide agents, R.A. Bennett & Partners, (Stratford-upon-Avon), resulting in the tenants receiving compensation, I terminated the business contract a few weeks prior to its end, effectively removing Countrywide from any further role of managing the property. On making a written request for the return of the £150 ‘Reserve' held by Countrywide I was informed by the ‘Residential Lettings Manager', that I would be charged a ‘Cease Management Fee' of £600 and as the tenants were now making rental payments directly to my account I would also be charged two months ‘management fee' because of what she termed as a statutory periodic contract otherwise known, according to the manager, as a ‘rolling month to month'. Although undisclosed, this appears to be in reference to the ‘Termination of Contract' clause where by Countrywide may secure a further two months management fee even though no new tenancy agreement had been signed. Two months later, exactly to the day, an invoice arrived requesting payment for £787.80. This consisted of £600 ‘Ceased Management Fee', £183 ‘Letting and Full Management Fees' and £4.80 ‘Tenancy Deposit Scheme Payments'. At this point I should mention that Countrywide belong to the ‘The Property Ombudsman' scheme and as members are obliged to follow the ‘Code of Practice for Residential Letting Agents', particularly with reference to what is required in the ‘Terms of Business' contract that Letting agents sign with clients. My ‘Terms of Business' with Countrywide had an issue date of ‘Dec 05' and was signed in February 2006 and nowhere in it was there mentioned a ‘Cease Management Fee'. Under the ‘Code of Practice for Residential Letting Agents', Section 3a, ‘You must ensure that the client understands your Terms of Business, that all fees and charges are clearly stated'. Further on, Section 3m, ‘The Terms of Business must include clear and accurate information regarding the circumstances under which either party to the contract may cancel or terminate the arrangement and they must actively flag what liability for fees or charges may be incurred in those circumstances'. The above clauses clearly indicate that Countrywide were in conflict with the TPO code of practice concerning the issuing of a ‘Cease Management Fee'. It must be remembered, despite when your ‘Terms of Business' was signed, ‘The Property Ombudsman' will review a complaint against a Letting agent with the relevant ‘Code of Practice' that was current at the time of the problem occurring. In this case the ‘Code of Practice for Letting Agents, amended 1st January 2012' was current. When reading a ‘Terms of Business' contract you will discover that the clauses are quintessentially for the benefit of the Letting agent rather than the client, however my ‘Dec 05' copy did have one clause: “Should there be a legitimate and enforceable breach of terms by CRL, a landlord may terminate this contract forthwith and no further fees will be payable ” As Countrywide's ‘management' had placed me in jeopardy of possible legal action by the tenants I exercised this clause to dismiss them. (I was in breach of ‘The Landlord and Tenant Act 1985, Section 11 c' , whereby as landlord, I had failed to provide proper heating to the property because Countrywide had failed to make repairs). In my opinion this clause revokes any other clause in the ‘Terms of Business' and therefore the two months 'management fee' would have to be annulled. On the basis of the above I wrote to Countrywide, (Stratford-upon-Avon), stating these arguments and also reported further failures which came to light after taking control of the property. I also requested the return of the ‘Reserve' which they still held. Despite writing twice over a period of a month to the ‘Lettings manager', she chose not to respond. I therefore opted to use Countrywide's in-house complaints procedure and through further correspondence the £787.80 invoice was withdrawn and the ‘Reserve' returned to my account on agreement that I withdraw my complaints. It must be said that those who are at odds with Countrywide or with any other agent who is in the TPO scheme should go to the homepage of ‘The Property Ombudsman' and read the ‘Code of Practice' that relates to the agent , whether it be a ‘Letting agent', ‘Estate agent', etc. The ‘rules' are compiled in easy, understandable English and if there is a point which you are unsure of, you can write and ask for clarification. It is also advisable that if you cannot reach an agreement with your agent, then place your complaint into the in-house complaint procedure of the agent. If after they have investigated you are still not satisfied, you can appeal to the next stage which usually is ‘director' level. If you still remain dissatisfied you can take your issue directly to ‘The Property Ombudsman'. The agent may try to dissuade you from doing this by citing ‘legal action' but the Ombudsman is there to help resolve issues without the need of this.