UK Landlord Forum / Life

Hi all, advise please...
We agreed to use an agent (whom we have used before) to find tenants for our flat. After signing a one pager 'Landlord Authorisation of tenancy' we decided not  to proceed as out circumstances changed pretty fast. I called the agent and asked them not to proceed with the let but they are now saying they want all of the fees. This is despite no references had come to us and no Tenancy agreement had been signed. In addition they said we were in breach of a clause in their terms and conditions. I pointed out that I was never sent the terms and conditions just a one page sheet (by email) which said I agree to them finding tenants at an agreed rental figure and duration. They have now come back with a one year old terms and conditions (from a previous let) and said it applied to this one. They are saying the same one applies and therefore they didn't send us a new one! Can be this be right? The T&Cs I signed last year was for other tenants and surely cannot apply to this new LAT..are they trying to pull a fast one? They have sent t&Cs retrospectively and trying to force us to agree to take tenants or they will take legal action. I thought all T&cs should be made clear and be present at time rather than pull out an old. There is nowhere on the old T&Cs which says that we need to refer to it every time we rent out the same flat but to different tenants?? Any ponters? they are also saying that they found tenants who want to sue us, we havn't signed any TAs - can they do that? Can the agent give them my address? Thanks.

Hello Yaster,

My answer, from the info you've given is: It Depends.

There are many ways for form a contractual relationship between landlord and agent.  It could be on a tenant-by-tenant basis.  Or it could be an ongoing agreement which does not end when a tenant leaves.  I've seen plenty of both types.

To work out whether they are trying to pull a fast one, read the original agreement carefully and form your own opinion.  Drop the wording of some clauses onto the Forum if you want another opinion.

Even if the contract was for just the original tenant only you may be on weak ground.  If you asked the agent to find new tenants and you wanted the agent to start promptly (before all papework between the two of you was fully signed) then a Court could say you had implicitly agreed to the existing terms applying to the new let.  The Court could decide: If the terms you had previously accepted now botherd you that much, you'd have mentioned this at the time you started negotiating with the agent for a new tenant.

The tenant could, theoretically, get you into court based on Estoppel.  See: http://en.wikipedia.org/wiki/Estoppel_in_English_law.  You represented the house as available for rent and after they went to some expenses or did some unreversable actions (like terminating an existing tenancy agreement) based on your house being made available to them.  But in reality, they would have to really, really enjoy spending lots and lots of their hard-earned money on solicitors to do that!

So far I've provided you little comfort, so could I please offer some advice.  It looks like your agent and their tenant have both been seriously put out by your sudden and very unexpected withdrawal of the property.  The agent will have definately incurred some costs for at least marketing and accompanied viewings.  Bearing in mind good properties move fast, the tenant may have done some stuff they really should have waited to get a tenancy agreement signed before doing.

If this is your only property and you're going to quit being a landlord for a long time and other people's problems don't keep you awake at night, then refuse to pay anything and walk away.  If this does not sound like you, then start talking with your agent in a concilliatory way.