No signed letting agent agreement

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    No signed letting agent agreement

    We have never signed a contract with the agent whom we have been with for 12 months. I have asked on two separate occassions, if they have one on file they can send to me.

    However they have sent by email a copy of their standard T&C. It states if we want to leave

    Right to Terminate Our Agency In respect of an active tenancy arranged through Our Agency: • You may terminate Our Agency by giving Us 1 months’ written notice, but • Where You continue letting to a Tenant or Occupier who We introduced then You will be liable to pay Us a Tenant Finding fee calculated on a notional 6 month tenancy term starting on the date that Our Agency ends with the fee becoming payable on that day. If the tenancy terminates sooner than 6 months after Our Agency ends then We will make a pro-rata refund of the fee. •

    We paid a tenant finding fee from the 1st months rent paid to us.

    Question 1. Will we have to pay finding fee again

    Question 2. If we never signed a contract or had the T&C's until last week, are they legally binding?

    #2
    Guess they can always try sueing you for not fulfilling the contract you never signed.

    However, now you have the T&C's, if you continue to engage them, I believe you will be deemed to have accepted the T&C's.

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      #3
      Assuming you want to get out of your contract (the one not signed) - write to the agent and suggest that since there is no signed contract between you and them that you both agree a one off payment to end any implied or verbal agreement.

      Next time agree/negotiate a one off payment for tenant find- that's what I do when using an agent.



      Freedom at the point of zero............

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        #4
        I think you will find the agent wants to have it two ways. They can't on the one hand say all you have to do is give one months notice, and then say if the tenant they introduced is still there, another condition applies. Surely you have already paid for the introduction of the tenant so I would tend to ignore the condition and let them come after you for the money (which is highly unlikely I might add).

        Let's face it if they hadn't introduced the tenant, would you be using their agency? It makes a farce of the clause.
        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.

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