Agent Overstepping the Mark

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    Agent Overstepping the Mark

    Hi All,

    An Agent has permitted (without my authorisation) tenants who are 3 months into a 6 month AST to leave early and has replaced them with a new tenant but left a 1 week empty period.

    No problems with property, deposit or new tenants.

    I understand that the agent had suggested to the original tenants verbally that I would be ok with them leaving without penalty which I did not.
    Whilst I dont mind helping them out by allowing them to break their contract early it would only have been on condition that a new tenant was in place to take over as I wouldn't have agreed to lose the 1 week of rent which I'd now like to deduct from their deposit.

    Accepting that the Agent may have verbally misled them can I trouble the forum for opinions on whether I would be able to claim the 1 weeks rent through the Deposit Scheme.

    Thanks as always,
    Ad

    #2
    Your agents act on your behalf.
    If you have something in writing to prove that they have gone further than what your contract allows, then your redress is money from the agent, not the tenant.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      This doesn't sound like an argument to have with the former tenants as they have probably left in good faith having followed the advice of your agent. Whilst there may be a legal option, I suspect a judge would be sympathetic to the tenants. The deposit is primarily for any repairs and restitution required at the end of the tenancy. You make no mention of this need.
      Your argument is clearly with the agent, but I wouldn't hold my breath.
      To be honest, a one week void with no necessity for repairs or redecorating is a small loss to carry against a quickly repopulated managed property.
      I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

      Comment


        #4
        Thanks to you both.

        I should have mentioned that the Agent was only ever employed on a letting basis and shouldn't even be involved in management.
        Excuse me for missing this out as I manage my properties personally and only ever use Agents for lettings.

        Saint - Does your response still apply?

        Thanks again.

        Comment


          #5
          Originally posted by Ad1 View Post
          I should have mentioned that the Agent was only ever employed on a letting basis .
          Do you mean "Find a tenant" basis? Is that what your contract with the agent says?

          Comment


            #6
            Originally posted by Ad1 View Post
            Hi All,

            An Agent has permitted (without my authorisation) tenants who are 3 months into a 6 month AST to leave early and has replaced them with a new tenant but left a 1 week empty period.

            No problems with property, deposit or new tenants.

            I understand that the agent had suggested to the original tenants verbally that I would be ok with them leaving without penalty which I did not.
            Whilst I dont mind helping them out by allowing them to break their contract early it would only have been on condition that a new tenant was in place to take over as I wouldn't have agreed to lose the 1 week of rent which I'd now like to deduct from their deposit.

            Accepting that the Agent may have verbally misled them can I trouble the forum for opinions on whether I would be able to claim the 1 weeks rent through the Deposit Scheme.

            Thanks as always,
            Ad
            This tells me the agent has breached the Consumer Protection from Unfair Trading Regulations 2008 and as such is committing a potentially criminal offence, by failing to take proper instructions and acting on their own "initiative". If you put this to them directly watch the vacant expression on their faces as they won't have a clue what you are on about!
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


              #7
              Hi Mrs Mug

              No paperwork with this Agent except for an invoice for finding the tenant!

              Comment


                #8
                Hi Paul_f

                Yes but sounds like good fun nonetheless!

                I think the hapless agent was trying to look after me by avoiding any bigger problems but I certainly would have preferred to deal with this personally.

                Comment


                  #9
                  Originally posted by Paul_f View Post
                  This tells me the agent has breached the Consumer Protection from Unfair Trading Regulations 2008 and as such is committing a potentially criminal offence, by failing to take proper instructions and acting on their own "initiative". If you put this to them directly watch the vacant expression on their faces as they won't have a clue what you are on about!
                  If a landlord said this to me, I would indeed have a vacant expression on my face, and then ultimately tell them to pursue their case in court.

                  If they came to me with something reasonable sounding, I would come to some kind of agreement.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment

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