Legal situation

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    Legal situation

    I'm very new to all this.
    Please could you advise on the following theoretical situation:

    Landlord instructs an agent via email to find a tenant and provide full management. After a few months the agent finds a tenant.

    The landlord then emails back to accept the tenant.

    Landlord then decides a few days later to not let out the house. Nothing has been signed. No money has been paid.

    Can the agent insist on their finder fees being paid?

    Thanks in advance
    Steve

    #2
    Yes. They've done what you've asked them to do.

    Comment


      #3
      Lets assume the best ...

      The Agent decides that in your best interests, after the investigation of the tenant, that it is in your best interests, not to have that prospective tenant in your property, as there are some red flags fluttering.

      If you want to go through that process yourself, then fine.

      If you want someone else to do that for you, then you pay them for their services.

      I got a whole house, not because I could afford it, or others had two wages coming in, ( I only had one ) but because It was shown I would look after the property .
      The agent visited me at previous flat, and found it to be well cared for after 5 years, and even though I was being evicted by the landlord ! still got the house. ( I was sueing landlord for disrepair, and agent saw the problems )

      So check with the agent, why ...........

      Comment


        #4
        Of course, as a prospective landlord, you pay the agent. You commissioned them to provide a service. You then rejected the outcome of that service.

        All theoretical, of course.
        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


          #5
          Originally posted by Stevecon99 View Post
          After a few months the agent finds a tenant.
          Originally posted by Stevecon99 View Post
          Can the agent insist on their finder fees being paid?
          Agent did do what was asked of them and it can't have been at zero effort to them... so people (even Agents) do deserve to be paid for the work they do.

          Comment


            #6
            this will be covered by s.15 of the Supply of Goods and Services Act 1982 if nothing else:

            15 Implied term about consideration.

            (1)Where, under a contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.

            (2)What is a reasonable charge is a question of fact.

            Comment


              #7
              Anyway, it's just the same as giving an agent the task of finding people to fill a vacancy for a job.

              "We advertised, we interviewed 10 People, but none were suitable, we can find no one suitable to fill your vacancy from those that applied" Here is our invoce for the work we did.

              Comment

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