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Rent offer not submitted to Landlord

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moneytorques
moneytorques Posts: 155 Forumite
First Anniversary Combo Breaker
in House buying, renting & selling
In principle;

Offer put to Letting Agent not submitted to Landlord yet told it was rejected.
Landlord now in contact with me over other issues confirms offer never tabled.
Am in the property for 6 months rental now.

No recourse or breach of contract by the Letting agent?
Best to let sleeping dogs lie or should I jump up and down in disgust call the Ombudsman and shout it out from the hills?
Its a big Letting Agent player too.

Cheers,

mt

Comments

  • harrys_dad
    harrys_dad Posts: 1,997 Forumite
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    The letting agent only has a contract with the landlord. It is up to the landlord to decide if they want to do anything.
  • saajan_12
    saajan_12 Posts: 3,624 Forumite
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    No on so many counts:

    1. The agent works for the LL, you have no contract with the agent so they cannot breach anything with you.

    2. You have no loss - you did move into the property in the end.
  • moneytorques
    moneytorques Posts: 155 Forumite
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    saajan_12 wrote: »
    No on so many counts:

    1. The agent works for the LL, you have no contract with the agent so they cannot breach anything with you.

    2. You have no loss - you did move into the property in the end.

    Why would the landlord want to do anything? They got the full asking price!

    So the Letting Agent gets away scott free and the Industry just carries on defrauding?
  • wesleyad
    wesleyad Posts: 754 Forumite
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    Legally the LA can just say they have a duty to work in best interest of LL and in this case they can clearly show they were right as they got him more money. Had you walked away then maybe the LL would have a right to moan. Could also be that they were just rubbish in passing on messages (something I've found they excel in). Typical LA, nothing will change until new legislation is brought in.
  • saajan_12
    saajan_12 Posts: 3,624 Forumite
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    moneytorques wrote: »
    Why would the landlord want to do anything? They got the full asking price!

    So the Letting Agent gets away scott free and the Industry just carries on defrauding?

    There's no defrauding here, the LA's duty is to work in the best interests of the LL, which includes getting the highest rent possible.
    They don't have to pass on rental offers to the LL if the LL doesn't want them to, so the LA has done nothing wrong.
  • eddddy
    eddddy Posts: 16,449 Forumite
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    Unfortunately, I think you may be clutching at straws here.

    I suspect the Agent will just say that you made an offer, the Agent negotiated you up to a higher offer (without reference to the LL) and then the higher offer was put to the LL.

    Had you refused to increase your offer, I suspect that the Agent would have put your lower offer to the LL.


    (Maybe it was an experienced Agent who could 'read' you - and knew that you were prepared to go higher.)
  • moneytorques
    moneytorques Posts: 155 Forumite
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    saajan_12 wrote: »
    There's no defrauding here, the LA's duty is to work in the best interests of the LL, which includes getting the highest rent possible.
    They don't have to pass on rental offers to the LL if the LL doesn't want them to, so the LA has done nothing wrong.
    So the Industry wins again..... wrong on so many moral levels...
    Defraud is a verb that describes a practice of lying to someone or an institution to steal money specifically.
  • theartfullodger
    theartfullodger Posts: 14,605 Forumite
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    edited 14 September 2017 at 4:35PM
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    In future perhaps always communicate with agent AND landlord when sending something (email, letter etc etc).

    £3 with land registry gets the name & address of the owner of your property in less than 10 minutes- see
    https://www.gov.uk/search-property-information-land-registry
    - or simply require landlord address from agent: They are obliged to provide it within 21 days: (but frequently don't, just as drivers in UK are obliged to drive slower than 71mph..)

    It was, with humble respect, your decision to only communicate with the agent.

    You, me, almost everyone else do not know the terms & conditions of the agreement between landlord & agent: (you, me etc have no right to know..). It is very common for the agent to be authorised to decide on such matters as rent (One house I rent out agent decides rent amount). However if the agent said they put your offer to the landlord & he declined it then yes, fraud, a criminal offence.. Feel free to approach the Police on the matter...
  • moneytorques
    moneytorques Posts: 155 Forumite
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    theartfullodger wrote: »
    In future perhaps always communicate with agent AND landlord when sending something (email, letter etc etc).

    £3 with land registry gets the name & address of the owner of your property in less than 10 minutes- see
    https://www.gov.uk/search-property-information-land-registry
    - or simply require landlord address from agent: They are obliged to provide it within 21 days: (but frequently don't, just as drivers in UK are obliged to drive slower than 71mph..)

    It was, with humble respect, your decision to only communicate with the agent.

    You, me, almost everyone else do not know the terms & conditions of the agreement between landlord & agent: (you, me etc have no right to know..). It is very common for the agent to be authorised to decide on such matters as rent (One house I rent out agent decides rent amount). However if the agent said they put your offer to the landlord & he declined it then yes, fraud, a criminal offence.. Feel free to approach the Police on the matter...

    Thanks, actually I was told the Landlord was abroad and intermitently contactable, yes they are abroad but that was clearly a smokescreen for the Agent to play games.

    Yes they did say it was put to the Landlord and declined, no wonder Agents and Landlords get a bad rep, its a sham.
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