Have I done Wrong?

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    Have I done Wrong?

    Hello everybody I'm wondering if you can help me?

    My aunt who lives in London owns a house down in Pendine and as I live in the nearby area she asked me to arrange a new tenant. I procured the services of a reputable local lettings agency and they found a marvelous couple within a week. They gave excellent references, both employers and current landlord, credit checks etc and no problem with them.

    They promptly paid the holding fee, the first months rent plus deposit and signed the tenancy agreement. Then it all went pear shaped.. my aunt has found somebody else without informing me or the letting agency and they have moved in already.

    The prospective tenants found by the letting agency are none to pleased being told of all this just 48 hours before they were due to move as you can imagine. Do they have any legal right to complain or ask for compensation from my aunt or myself?

    #2
    If they signed an AST already then your aunt's in trouble. Not you, not the LA, but your aunt. They certainly have grounds to complain, but I can't remember the procedures off the top of my head.

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      #3
      What has been signed between the tenants and your aunt (the landlord)?

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        #4
        What has been signed between the letting agent and your Aunt? Did your aunt know about the tenants? See if you instructed the letting agent to act on your Aunts property then you may find it is their problem (unless you have POA) Agents MUST speak to the Landlord themselves and gain authority to market.
        If your Aunt knew nothing about the planned tenancy shes not accountable

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          #5
          Assured Shorthold Tenancy Agreement has been signed by the tenants found by the letting agency but this was after my aunts tenant was given the keys.

          All happened over the weekend, my aunt handed the keys over on the saturday, and the lettings agency tenant signed and paid for everything on monday this week.

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            #6
            Originally posted by Springfields View Post
            What has been signed between the letting agent and your Aunt? Did your aunt know about the tenants? See if you instructed the letting agent to act on your Aunts property then you may find it is their problem (unless you have POA) Agents MUST speak to the Landlord themselves and gain authority to market.
            If your Aunt knew nothing about the planned tenancy shes not accountable
            Not entirely true, if the OP had authority from Aunt as LL to appoint a letting agent to market the property, that LA may be what is known as a "sub agent" and does have authority.

            We need more information before we can advise as to what has been signed up to (if anything) between:

            1. Aunt and OP (probably nothing);
            2. Aunt and Letting Agent;
            3. Aunt and Tenants (found by LA);
            4. OP and Letting Agents;
            5. OP and Tenants; and
            6. Letting Agents (acting on LL's behalf) and Tenants.

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              #7
              Originally posted by GillsMan View Post
              If they signed an AST already then your aunt's in trouble. Not you, not the LA, but your aunt. They certainly have grounds to complain, but I can't remember the procedures off the top of my head.
              Sorry, this is wrong. No contract has taken place if the landlord has not signed the TA and the applicants had not taken up possession unless the tenancy agreement was executed as a Deed. The L should return any monies paid over, and expenses to the disappointed couple, and possibly might be liable for the agent's fee too, but you will need to consult the terms of business to know if that's the case.
              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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                #8
                Originally posted by Louise Pendine View Post
                Hello everybody I'm wondering if you can help me?

                My aunt who lives in London owns a house down in Pendine and as I live in the nearby area she asked me to arrange a new tenant. I procured the services of a reputable local lettings agency and they found a marvelous couple within a week. They gave excellent references, both employers and current landlord, credit checks etc and no problem with them.
                This is all very very strange. I can understand the Aunt (casually?) asking you if you can find a tenant as she wanted to maximise her chances of getting a T asap from all sources. And I can understand you trying to help. What I find most strange is that for such a serious issue that YOU do not communicate back to your Aunt when you have first found a possible T, or after you have found and fully checked out a possible T, or after starting final proceedings !!! Acting as if the property is yours...
                Even if the request to find a T was a very formal one, then even in this case I would have expected you to check back with said Aunt before finally going ahead. Simple basic etiquette at least, whatever the circumstances around the original request for help.

                Messy, very messy. And as the Aunt had not heard back from you she felt completely happy to go ahead on her own , naturally. I bet she would have expected to hear back from you as well if there were other things happening. Good luck to all parties. Communication lesson to all.
                C

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