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    agent documents

    Afternoon.

    I am in the process of setting up a letting agency (great timing i know) and was wondering how the forms are structur

    My understanding is that the tenancy agreement is between tenant and landlord rather than tenant and agent? So when ceeating the forms they should have the landlords name on there, but can serving of notice adress be the agent address? and can the agent sign on behalf of landlord assuming there is a tickbox on the agreement saying that the agent has authority from landlord to sign on landlords behalf?

    And just to clarify i will be making sure all the i's ars dotted and t's crossed, complying with all relevant regulations. Im making the transition from being a landlord of 10 years so not by any means new to the industry. Covid has given the spare time required to now take it from a nagging idea to fruition.

    Many thanks

    Darren


    #2
    You might want to do some Agent training with the likes of ARLA and/or NRLA. They should cover this and about 1000 other things you will need to know.

    Comment


      #3
      I certainly plan to, just was going to make a start on various bits of website and documents whilst im sat at home bored out of my mind.

      Comment


        #4
        Go and work for an existing agent. You'll learn so much, a lot never covered in training courses.

        And you get paid!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          As a landlord, if I did use an agent (which I have done rarely) I would never ever want the agent's address anywhere near the tenancy agreement as an address for service (for the tenant to serve notices of any sort). It is likely to end in disaster.

          Contact agent for repairs/help etc -- by all means -- but it should specifically not have agent as address for service for my purposes (and for any sensible landlord -- especially if the agent is a new one man band).

          That is not to say you can't do it though.

          Comment


            #6
            Originally posted by dazwalsh View Post
            My understanding is that the tenancy agreement is between tenant and landlord rather than tenant and agent? So when creating the forms they should have the landlords name on there, but can serving of notice adress be the agent address? and can the agent sign on behalf of landlord assuming there is a tickbox on the agreement saying that the agent has authority from landlord to sign on landlords behalf?
            The address for the service of notice can be the agent's address - it's quite a common practice.
            However, some landlords like that and some (as above) really don't - so it'll vary from landlord to landlord.

            For the agent themselves, they should probably consider whether they want to use their address.
            Would they really accept a legal notice on behalf of the landlord if a process server turned up with a summons?

            There shouldn't really be anything on the tenancy agreement to confirm whether or not the agent can sign on the landlord's behalf.
            That should be part of the agreement between the agent and the landlord which confirms any limit to what the agent can do on behalf of the landlord.
            Otherwise the presumption is usually that the agent can act for the landlord for everything (other than legal action, where the law doesn't allow that).
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment

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