Is my property legally let out - agent says so?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Is my property legally let out - agent says so?

    A few weeks ago I received a call from X agent asking me if I was looking for a tenant for my flat. As it happens I was. I had not signed anything at that stage but gave the negotiator keys.I was told there were two prospective tenants and then was called and told me that a couple had put a holding deposit on the property.

    I went into the branch and signed a rent collection service agreement – but NOT the AST itself. The credit checking process began. A few days later I had not heard from the negotiator so I looked at their website and saw the property was still live. I emailed the negotiator stating that I wanted an update and I wanted to “review and sign the AST and see the reference report before I was happy to proceed” (though their rent collection terms say they can sign on my behalf???). I never received a reply. A few days later I called because of the bad service to withdraw but I was told I couldnt. Is the property legally let out and can I withdraw from the rent collection service agreement?
    Points to consider;

    -The tenants have only put a deposit down but NOT signed the AST either (I have asked the negotiator to send it through with the date signed and he refuses)
    -I have NOT received a final report from the agent (they have not given me access to their online progress system either)
    -I have NOT signed the AST
    -T’s and C’s of the rent collection terms state that while the property is unlet either party may terminate this agreement bu giveing the other not less than one weekswritten notice to expire at any time and an administration fee is payable should the landlord retract from an agreement made whether verbally or in writing to let the property with any representative of the company or it’s contractors. (I am happy to pay this and have told them so)

  • #2
    Try to maintain a good relationship with the prospective Ts, as it will help you in this situation.

    If the Ts have not moved in AND haven't signed a tenancy agreement, then no tenancy has been created.

    Write to your agent (make sure this is in writing) saying that:

    a. you are formally instructing them to cease marketing the property and that you do not want to proceed with the prospective Ts they have found for you, regardless of the outcome of the references; and

    b. you are withdrawing your authority for the agent to sign any document (including any tenancy agreement) on your behalf.

    You will lose the prospective Ts if you don;t like the agency - I think you have to live with that.

    But do write to the Ts and just say you no longer wish to let the property due a change in your circumstances, and that the agent is not empowered to sign any agreement on your behalf.

    One thing you will have to consider is what fees you have agreed the agency may levy against you in the event the property is not let (sometimes there is a marketing fee). But check the agency agreement carefully and expect (I am sorry to say) some bad behaviour from the agency.


    Latest Activity


    • One tenant moving out and two remaining - who pays for the checkout/inventory?
      Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

      Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

      Q3 – What date did current...
      26-07-2017, 16:38 PM
    • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
      'The Tenant' (all 3), can vacate at end of fixed term with no Notice. If remainers sign a new AST to commence after fixed termpref naming new joint, this sould replace original AST. Deed of Surrender is 'belt & brace'.

      If incomer signs a Deed of Assignment they only inherit the term...
      28-07-2017, 00:28 AM
    • Lease extension
      Hi All, I have approached the freeholder on an informal basis to extend the lease of a flat I own as a rental. He has come up with reasonable price for the premium to extend to 125 years from now but wants to double the ground rent every 25 years (from £80 to £160 p/a initially). My solicitor has...
      27-07-2017, 23:59 PM
    • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
      I think the problem may be that they are not really 'moving out'. There is a long thread elsewhere on the forum that may be of interest. Although unresolved, it suggests that if some of them don't move out then an SPT will arise automatically for all of them. I really don't want to restart that discussion...
      27-07-2017, 23:18 PM
    • TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
      Dear All
      Going through some changes...
      I am just going through divorce that need to be Absolute in approx 2 months.
      Also have just left work after 8 years...really need new challenge as they said.

      I do have one buy to let property in London that have been renting for approx...
      25-07-2017, 14:05 PM
    • Reply to TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
      The Leasehold Advisory Service has an online lease extension calculator that should give you a rough idea of the cost.
      27-07-2017, 22:47 PM
    • Extremely anti-social and criminal tenant -Section 8
      I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
      26-07-2017, 16:09 PM
    • Reply to Extremely anti-social and criminal tenant -Section 8
      I have experienced far more dificult cases than that from my neighbour's tenants with my front window and my flat door window cracked.

      Make an offer she cannot refuse. Carrots work better.

      Local Authorities are slow moving because shortage of housing is a problem.
      27-07-2017, 22:25 PM
    • Burglary Damage - Who Pays?
      Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
      25-07-2017, 11:40 AM
    • Reply to Burglary Damage - Who Pays?
      Since the Yale was broken it proves the tenants took responsible measures for the security: they locked the door.
      The yale is necessary for security. It is sufficient and safe to use in case of a fire because you could get out quickly operating the lock with the thump ie you don't want to be looking...
      27-07-2017, 22:13 PM