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Verbal agreement/agent conduct

Started by brummybob, September 07, 2010, 08:19:02 AM

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brummybob

I have been renting my house out for the last year under a 12 month AST agreement whilst moving in with my mother - it expired end of August & i had a telephone conversation with the letting agent beginning of July to address the issue of renewal. The existing tenants were keen to stay on,looking for a possible 2 year agreement. The agent advised that this would be a good option - i agreed on the proviso that the rent was increased. The agent told the tenants and they accepted verbally.  A few days later i received a new written agreement from the agent which had already been signed by the tenants - this was the 1st time i had seen the proposed new agreement in writing. At the same time my mother told me that she wanted me to move out. I told the agent that i now had to have my house back and couldnt commit to a 2 year AST- the agent told me i was bound by the new agreement even though i havent signed anything. There is no break clause in the new agreement which is not something that i actively agreed to - am i stuck to this? Any recourse to agent for acting negligently?

jeffo

#1
Anything longer than twelve months is unusual. There is only one reason to do this and that is so the greedy agent is tied to recieving commission for the next two years. You could have left the AST to run out. This is called 'holding over' and leaves you and your tenant bound by the original AST terms. Unfortunately you did tell the agent to go ahead. I think they may have mis advised you about the two year bit to line their own pocket. You would normally only do that with a commercial lease. I have never signed anything with an agency and all has gone ahead full steam but then again I have also learnt not to trust them.

Did you have to sign the original AST?
Did you ask to see a copy first?
Does the two year deal not allow you to give the tenant notice to quit anyway? If the original AST did and this does not then you have some grounds on the basis that they have altered the deal before you knew about it.
Have you still got a copy now?
Your argument is with the agent and not the tenant. Best not to rock the boat at their end.

marymoore

As per my opinion you should include written notice by either party, with or without cause, effective the date of mailing of said notice by either
party to the other, loss of Agent licensure , the Agent depositing any premium check in any bank account, or any other misappropriation of
premiums or other monies received from customers hope this information essential .

jomaksmile

Before concluding the principal-agent, you should always make sure the agent you want to use is qualified and trustworthy. And even if you can hire an agent only by a verbal agreement, you should always obtain information about the relationship in writing. A formal agreement of the Agencys contract must be drawn up and signed by both parties.