Letting Agent ARGH!!!

Dipak

Hi there, I recently appointed a letting agent to find me tenants. They did and I paid a fee for them to carry out the checks and to sign the tenancy and get guarantors. Everything was done however they forgot to include few of the clauses I stipulated so they said they would get another agreement signed with the clauses in. I recieved the a copy of the new agreement with the clauses in however my tenants have never seen the new agreement to sign and only has the old agreement.

Has the letting agent broken the law by adding the additional clauses in without notifying the tenant or guarantors therefore does it become invalid? I'm not sure they are a member of a governing body. Really want the tenant to move in but want the right legal paper work in place. Any help/advice would be greatly recieved.

Thanks in advance

G_M

No they have not broken the law.

However theoriginal tenancy agreement is binding.

If the 2nd one has not been signed by the tenants, it has no legal force. It WILL, however, be useful if you ever run out of loo roll.

Clearly the agents have breached their contract with you by not following your instructions - you could sue.

But you'd still be stuck with the 1st tenancy agreement.

As my post here explains, the contract between landlord and agent is critical and needsall 't'scrossed and 'i's dotted.

Guest101

Dipak wrote: »

Hi there, I recently appointed a letting agent to find me tenants. They did and I paid a fee for them to carry out the checks and to sign the tenancy and get guarantors. Everything was done however they forgot to include few of the clauses I stipulated so they said they would get another agreement signed with the clauses in. I recieved the a copy of the new agreement with the clauses in however my tenants have never seen the new agreement to sign and only has the old agreement.

Has the letting agent broken the law by adding the additional clauses in without notifying the tenant or guarantors therefore does it become invalid? I'm not sure they are a member of a governing body. Really want the tenant to move in but want the right legal paper work in place. Any help/advice would be greatly recieved.

Thanks in advance

The original contract stands, your new clauses arent included at all. You should probably at this stage look for new Letting Agents.

You should contact your tenants, see if they'll sign the new contract (they dont have to), maybe offer them a £100 off the first months rent or something.

Im guessing these new clauses are for your benefit? If you share, we can help tell you if they are worth putting in or not, as statute trumps contract, so you may be wasting time anyway

CKhalvashi

Guest101 wrote: »

The original contract stands, your new clauses arent included at all. You should probably at this stage look for new Letting Agents.

You should contact your tenants, see if they'll sign the new contract (they dont have to), maybe offer them a £100 off the first months rent or something.

Im guessing these new clauses are for your benefit? If you share, we can help tell you if they are worth putting in or not, as statute trumps contract, so you may be wasting time anyway

Spot on advice here!

Can we know what the clauses are? Then we'll be in best position to advise.

CK

Werdnal

What are the clauses you wanted to include, as depending on the wording etc, they may be unenforceable anyway?

spacey2012

What G_M said....go with that

Dipak

Clauses were all around cleanliness e.g freezer to be defrosted etc.

As the letting agent has amended the contract after it was signed and not notifed the tenants of this I thought it might be that they broke the law of done sort....am I wrong?

rpc

IF the missing clauses are fair and enforceable AND you later suffer loss because the agent stuffed up, then you can reclaim those losses from the agent.