I signed agreement with an agent which can representive me to sign the tenancy agreement with a tenant when I hired the agent a few years ago and it is still my agent. We chatted about the renewal of tenancy agreement couples of months ago. The agent asked me that it was okay or not if the tenant asked for renewing the agreement. I replied that it seemed to be okay and let us talk again in due course. Recently, I found the renewal tenancy agreement was made when I received a statement from the agent. In fact, the agent didn't inform me or my family members by the way of telephone call or a letter that an agreement was going to renew. What can I do now then? Is the agent in breach of our agreement?
2006-11-07 02:54:01 · 9 answers · asked by answer_hunter 1 in Politics & Government ➔ Law & Ethics
I am an experienced letting agent. Your agent should have requested permission before re-signing the tenant. However, this can be via a phone call so you may have diffiulty in proving the agent did not have your concent. Does it create a problem for you or are you just annoyed at the agent? if its the latter , then why bother taking it further? if it does cause you a problem and you have a wriiten apology from the agent that proves they should not have re-signed the tenant then you MAY be able to sue the agent for any loss you have suffered. However, it may be difficult to get the tenant out before the end of the new agreement. it will also depend on the terms and conditions that you signed when you instructed the agent. If you happen to be in Southampton, email me and i will help further.
2006-11-13 10:01:25 · answer #1 · answered by nicholsonuk 1 · 0⤊ 0⤋
You have two separate issues here, whether the renewal is valid and whether the agent exceeded their authority.
This particular tenant had every reason to think that the agent had the authority to renew the agreement, so I'd say there's a very high probability that you will be bound by the renewal. Between yourself and the tenant, there's not much you can do about this renewal.
For the agent, you hired them years ago, and it's my guess that they thought you had given them full power to use their best professional ability and judgement, which they probably did. The instructions "seems okay" and "let's talk" really don't seem to be much of a limitation of authority. "In due course" was probably interpreted as a request for copies of the agreement, or coupled with "seems okay", maybe it meant "when it's up for renewal again I might want to do something else but for now it's okay". It's more likely in a relationship with a history of years that you made an expression of consent to continue as it has been, but a request to be kept generally informed.
I understand you're saying that isn't what you meant, but it's your responsibility as Principal to make sure your Agent is clear on changes to their authority.
No, I really don't think the Agent breached anything based on the facts submitted.
2006-11-07 03:11:24 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
You must be mindful that the agent has been appointed by you to act on your behalf. You will have signed an agreement with that agent.
It is possible that there is a clause in the agreement that says that they will make such decisions without prior consultation with yourself.
I am also of the view that the agreement made will have an implied term that the agent should act in your best interest regarding the letting and management of the property.
If you wished to be consulted before any renewal of a tenancy agreement you should have put this in writing to the agent. If they then agreed to this, it forms an express term of the agreement.
Note that the term 'agreement' in this context has the same meaning as a contract.
2006-11-07 21:53:02 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
Have you spoken to the agent? I would have thought you would have had to sign and date a renewal tenancy agreement to make it legal.
2006-11-13 01:47:16 · answer #4 · answered by patsy 5 · 0⤊ 0⤋
You are under contract with the agent for the letting of your property, they are your paid agent and have the right to let your property unless you specifically write to them asking them not to. Or give them notice of termination of their contract as acting agents, you didn't so they can let it under the terms of the contract that you hold with them, be it verbal or in writing.
Check the T&Cs of the contract between Yourself and the Agent and confirm either way, but If it has been done in this manor before then the infered term is accepted..
2006-11-13 03:29:33 · answer #5 · answered by ?Master 6 · 0⤊ 0⤋
I would of thought that you would of signed a contract in the beginning with them so read through it carefully.
2006-11-07 02:59:51 · answer #6 · answered by Jo 5 · 0⤊ 0⤋
Simple answer, YES!
2006-11-07 02:55:48 · answer #7 · answered by lordofthetarot 3 · 0⤊ 0⤋
ummmmmmmmmmmmm ahhhhhhhhhh ummmmmmmmm i dont kno!
2006-11-13 06:15:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋