agent signing contract

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  • agent signing contract

    Hello,

    Apologies if this subject has been covered elsewhere previously

    I have rented houses previously, but this is my first experience in letting via an agent. I have a tenant in place, and recently contacted the agent, as I had realised that the 6 month tenancy agreement was nearing and end. I asked for a rolling monthly contract, but they said they would not typically do that so would contact the tenant and ask if they would prefer a 6 or 12 month contract and let me know.

    Yesterday, I received a signed 12 month contract in the post.

    The issue I have, is that subsequent to my call with the agent, I realised that I really do need a rolling monthly contract as I may need to sell the property within the next 6 months, the longer-term contracts drawn up by the agent we have used stipulate that I cannot serve notice until 6 months are up, although, if I sell, I will need to do so prior to this.

    my question is, can my agent sign a contract on my behalf, when I have not agreed the duration, and have not signed an agreement with the agent allowing them to do so

    Any advice would be really greatly appreciated.

    Many thanks

  • #2
    Has the agency issued the new tenancy agreement to the tenant?

    If not, phone and confirm in writing that they under no circumstances are to issue/renew a tenancy without your written permission.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


    • #3
      They have sent me a signed copy of the new tenancy agreement that the tenant has signed and the agent has signed in the landlord section, so I would assume that the tenant already has a copy too unfortunately.

      Comment


      • #4
        I have checked in the agreement I have with the agents and we definitely have not agreed that they can sign a contract on our behalf

        Comment


        • #5
          Unfortunately you are almost certainly bound to the contract. Either the agent will have actual authority as an incident of a power you did give them in the agreement or the tenant will be able to rely on the ostensible authority created by you appointing the estate agent as your agent. It is a common facet of a landlord/agent relationship that the agent is able to sign contracts on the landlord's behalf so this creates an estoppel between you and the tenant preventing you from denying the agent has authority. If the agent has acted without actual authority you may have a claim against them for damages.
          Disclaimer:

          The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

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          • #6
            thank you. I suspected this might be the case.

            My husband has spoken to the agent today, who has been saying to him that I instructed them to do this (which isn't the case)So while I believe we would at least have a case against them for damages, as the conversation was via telephone it is my word against theirs. What this basically means for me now, is that I own a house that has a tenant in it, am having to rent a house, and have no hope of owning a house that I can live in myself because I am unable to get another mortgage.

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            • #7
              Bribe Tenant to go?
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


              • #8
                Originally posted by eglandlord View Post
                thank you. I suspected this might be the case.

                My husband has spoken to the agent today, who has been saying to him that I instructed them to do this

                Why don't you speak to the agent?

                It's a lot easier to tell your husband rather than to tell you that you told them something that simply wasn't said.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment

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