Agents fee justified?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Agents fee justified?

    I advertised a rental property on a free website ,and instructed an agent at the same time.I informed the agent in writing that if I found a tenant no fee would be payable to him.A tenant rang me via the website, I showed him the property which he wanted.On the day he saw it through me he received the agents property details via the post but did not contact them.The agent, aware of whom I offered the let to ,is asking for his commission because the agreement I signed with him says"you are liable to pay commission directly or indirectly if a suitable tenant is introduced through us verbally,through property detail sheets etc." This is despite the fact he did not arrange a viwing or speak to the applicant regarding the property-all contact and viewing was through the website and myself direct.Has he a case or is he trying it on.Input from anyone not watching football please.

    #2
    I don't think you have any real problem here. The tenant contacted you as a result of seeing the property on a website. The fact he was also on the agent's books seeking property is neither here nor there.

    Ask youself, did the agent introduce him? Answer No! If they get shirty just have a word with your Local Trading Standards office and ask them to speak with the agency. They should back off after that.
    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


      #3
      Simple

      It's quite simple. If:

      1. Tenant saw your ad on website and contacted you BECAUSE he saw the leaflet from the agent, then you owe the agent his fees.

      2. Tenant saw your ad on website and contacted you, then you owe the agent no fees.

      Tricky one that! How's anybody to know - only the tenant knows.

      Don't get confused by any other factors - was the agent the reason the tenant got in touch with you?
      The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

      Comment


        #4
        If the tenant got in touch directly with the landlord without going through the agent it means the tenant found the landlord's details on the website as an agents wouldn't give the landlord's phone number on leaflets.

        Quite simple.

        Comment


          #5
          Originally posted by Jennifer_M
          If the tenant got in touch directly with the landlord without going through the agent it means the tenant found the landlord's details on the website as an agents wouldn't give the landlord's phone number on leaflets.

          Quite simple.
          I'm afraid I disagree with you Jennifer. The agent effected the introduction if it was the agent's leaflet that caused the tenant to contact the landlord. Same as if seeing the agent's For Sale board causes you to knock on the house door.
          The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

          Comment


            #6
            Originally posted by Grange
            I'm afraid I disagree with you Jennifer. The agent effected the introduction if it was the agent's leaflet that caused the tenant to contact the landlord. Same as if seeing the agent's For Sale board causes you to knock on the house door.
            I think the point was that if the tenant contacted the LL then the details he used were from the private add. So we know for sure that the tenant did see and use the private add, there is not way of knowing if the tenant saw or was influenced by the details in the agents gumf. It would have been the same property details anyway...
            Last edited by zoe; 29-06-2006, 19:52 PM.

            Comment


              #7
              Thanks Zoe, that was my point.

              Comment


                #8
                agents fee justified?

                Many thanks to all responses.The tenant responded to the LL direct via contact details on the website -that was how the introduction to the property was effected.The agent did not make an appointment to show the property.The tenant agreed the property was offered direct through the LL and they had no contact with the agent, other than receiving the property particulars. We presume therefore commonsense will prevail!

                Comment


                  #9
                  Originally posted by zoe
                  I think the point was that if the tenant contacted the LL then the details he used were from the private add. So we know for sure that the tenant did see and use the private add, there is not way of knowing if the tenant saw or was influenced by the details in the agents gumf. It would have been the same property details anyway...
                  Sorry to flog a dead horse, but I disagree, as previously stated. There is indeed no way of knowing whether the agent's leaflet influenced the tenant - other than by asking the tenant. The tenant presumably wishes to keep in with the LL so no doubt will claim not to have been influenced by the leaflet... perhaps he's been offered a box of chocolates to confirm this?

                  I continue to be certain that if the catalyst for contacting the LL was the receipt of the agent's leaflet then the agent is owed his fees. That contact was made via the website (potentially in full knowledge that it would save the LL some money, and therefore for a cheaper rent) is irrelevant. I have a sneaking suspicion that this may be close to the truth...
                  The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

                  Comment


                    #10
                    Originally posted by Grange
                    Sorry to flog a dead horse, but I disagree, as previously stated. There is indeed no way of knowing whether the agent's leaflet influenced the tenant - other than by asking the tenant. The tenant presumably wishes to keep in with the LL so no doubt will claim not to have been influenced by the leaflet... perhaps he's been offered a box of chocolates to confirm this?

                    I continue to be certain that if the catalyst for contacting the LL was the receipt of the agent's leaflet then the agent is owed his fees. That contact was made via the website (potentially in full knowledge that it would save the LL some money, and therefore for a cheaper rent) is irrelevant. I have a sneaking suspicion that this may be close to the truth...

                    Regardless the agent cannot proove anything of the kind and cannot charge.

                    Comment


                      #11
                      Originally posted by Grange
                      Sorry to flog a dead horse, but I disagree, as previously stated. There is indeed no way of knowing whether the agent's leaflet influenced the tenant - other than by asking the tenant. The tenant presumably wishes to keep in with the LL so no doubt will claim not to have been influenced by the leaflet... perhaps he's been offered a box of chocolates to confirm this?

                      I continue to be certain that if the catalyst for contacting the LL was the receipt of the agent's leaflet then the agent is owed his fees. That contact was made via the website (potentially in full knowledge that it would save the LL some money, and therefore for a cheaper rent) is irrelevant. I have a sneaking suspicion that this may be close to the truth...
                      How did the tenant find the landlord's phone number and contacted the landlord directly without talking to the agents?
                      Don't tell me he received the leaflet from the agent and then scoured the Internet in the hope that he'd find a private advert !

                      Comment


                        #12
                        Originally posted by Jennifer_M
                        How did the tenant find the landlord's phone number and contacted the landlord directly without talking to the agents?
                        Don't tell me he received the leaflet from the agent and then scoured the Internet in the hope that he'd find a private advert !
                        No, OP clearly stated that tenant had found the details on the net first of all. (Personally I probably would see if I could contact the LL directly upon finding a house to let. KNowing agents charge about 4-6 weeks' rent for an introduction, it might be well worth my while.) However...

                        I can similarly imagine idly browsing the web and noticing a property to let. Then thinking 'must be a dodgy landlord to be letting it privately'. Then the agent's particulars drop through the door with a nice shiny photograph, clear details etc, at which point I change my mind and go back on the net to find out the details - in the hope of two weeks' free rent. Not so black and white, is it?
                        The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

                        Comment


                          #13
                          Why would you be browsing a landlord's letting website if you think that landlords letting directly are dodgy?
                          If you are browsing for agents advertising you go on the agent's website or a site like Rightmove where professionals advertise.

                          And likewise why would a landlord bother taking on a tenant giving free rent to avoid paying a fee to the agent? He wouldn't be gaining any money and would have to do all the work himself.

                          Comment


                            #14
                            Originally posted by Jennifer_M
                            Why would you be browsing a landlord's letting website if you think that landlords letting directly are dodgy?

                            To gain a feel for the market.

                            And likewise why would a landlord bother taking on a tenant giving free rent to avoid paying a fee to the agent? He wouldn't be gaining any money and would have to do all the work himself.
                            You're obviously not a LL. If you rent a house at £1000 per month, and the agent's finding fee is a month's rent, then going to WH Smith and getting hold of a standard tenancy agreement and filling it in and signing it will save you £1,000.

                            If a potential tenant said 'Hi, I've just been into Grabbit & Plunder and saw that 9 Acacia Avenue is up for let. I could rent it through the agent, or we could split the £1,000 you'll save if I forget the agent.' I'd give him 2 weeks free, wouldn't you?
                            The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

                            Comment


                              #15
                              Yes but that's assuming a lot of things isn't it?

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Lodgers left without notice
                                by Stew
                                Try and look at this with a positive angle, at least they have left the house allowing you to re-let it when you can. They are not sat in situ and refusing to pay rent which would be far worse.

                                I was always told by another landlord there is no point chasing people that leave and don't pay...
                                03-04-2020, 17:31 PM
                              • Lodgers left without notice
                                by hoolaholla
                                I have 2 student lodgers, I am not at the property at the moment and their rent day recently passed and neither paid rent. When I enquired it transpires they have both vacated the property and are refusing to pay any further rent, their tenancy does not officially end until July. I have a 1 month deposit...
                                03-04-2020, 16:52 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion....
                                03-04-2020, 17:29 PM
                              • Reply to Lodgers left without notice
                                by hamilton
                                It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.
                                03-04-2020, 17:24 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
                                EDIT: This was in reply to Hamilton who deleted his reply....
                                03-04-2020, 17:23 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                I was living there, but I have returned to the family home due to coronavirus. The house is now unoccupied, its alright for them to deny their responsibilities but I have a mortgage and without such a luxury. It is so unfair.
                                03-04-2020, 17:12 PM
                              • Reply to COVID-19: Court hearing section 8 vacated
                                by Stew
                                Given that not much can be done court wise re eviction this tenant's issues clearly had nothing to do with Covid could the landlord at least raise a money claims via the online service?

                                Assuming that the tenant does not have a valid concern with you as a landlord and the eviction would...
                                03-04-2020, 17:10 PM
                              • COVID-19: Court hearing section 8 vacated
                                by syrbag
                                A court hearing planned for 23 March for rent arrears vacated, tenant 5 months without paying rent, rent paid 2 months in advance. tenant not picking calls and not taking advantage of the COVID-19 situation. anyone in a similar situation and what is the best way to proceed?


                                'This...
                                03-04-2020, 10:56 AM
                              • Reply to Lodgers left without notice
                                by jpkeates
                                I don't know if you have a legally binding agreement or not.

                                If they signed a contract saying they would stay there for a period, they may be in breach of that contract.
                                However, you would be entitled to compensation for any loss, which seems to be nil, it's very unlikely that the...
                                03-04-2020, 17:09 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no?
                                03-04-2020, 17:03 PM
                              Working...
                              X