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Can a letting agent be our 'Landlord'

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  • missile
    missile Posts: 11,690 Forumite
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    AdrianC wrote: »
    There should be a law against it!

    That would be nice :p
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • stator
    stator Posts: 7,441 Forumite
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    The one thing you should look out for is that the rental agency often still try to push the blame onto the owner of the house.
    If there is an urgent issue, eg your hot water is not working, or if the gas safety check hasn't been done or failed, the rental agents will still just pass the buck on to the owner, even though they are the landlords they will still often talk about the owner as the landlord, and your landlord. Often they can just leave issues for weeks without chasing them up.

    You should remind them of their responsibilities as your landlord and if they start talking about how the landlord hasn't made his mind up or not, you should remind them that he is THEIR landlord and thus THEIR problem, and that your relationship is with them as they are your landlord.
    Changing the world, one sarcastic comment at a time.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    basil3107 wrote: »
    Query really as I've never seen it before. I thought there might be some kind of regulation not allowing letting agents to be 'landlords', as the don't own the property.

    There is no requirement for any landlord to own the property.
  • SmashedAvacado
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    Comms69 wrote: »
    There is no requirement for any landlord to own the property.

    To grant a valid tenancy, the landlord needs a legal right to do so. You can't just be named as landlord - you need to understand the basis of their right to grant the tenancy. If they are not the owner, and do not have a lease of it then they might have a right to grant the tenancy on behalf of the owner, but they will not have such a right in their own capacity. You can't give what you don't have.
  • charlotte1994
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    Yes they can do this, I only talk to the letting agent - I've never met my landlord, though they have her address on the agreement. They probably have the right to manage the property on behalf of the owner (personally I hate this, the Landlord is just in it for the money rather than the responsibility that comes with it)
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    To grant a valid tenancy, the landlord needs a legal right to do so. You can't just be named as landlord - you need to understand the basis of their right to grant the tenancy. If they are not the owner, and do not have a lease of it then they might have a right to grant the tenancy on behalf of the owner, but they will not have such a right in their own capacity. You can't give what you don't have.



    I didn't claim otherwise. My point was very succinct (and factually correct)
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Yes they can do this, I only talk to the letting agent - I've never met my landlord, though they have her address on the agreement. They probably have the right to manage the property on behalf of the owner (personally I hate this, the Landlord is just in it for the money rather than the responsibility that comes with it)



    You're confused.


    As G_M said it is likely to be a guaranteed rent scheme. In effect the letting agent rents the property at under market rates; and is subsequently the actual landlord for any tenants.


    The benefit (or perceived benefit) to the landlord is that they are guaranteed an income for the duration - whether a tenant lives there or not. In practice this is not the case
  • SmashedAvacado
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    Yes they can do this, I only talk to the letting agent - I've never met my landlord, though they have her address on the agreement. They probably have the right to manage the property on behalf of the owner (personally I hate this, the Landlord is just in it for the money rather than the responsibility that comes with it)

    a right to manage the property would not be enough to allow an agent to enter into a lease as landlord (neither ought it to want to do this because it is not the landlord - it is acting as agent in managing on behalf of the owner).
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