Can letting agents sign tenancy agreements for landlords

by Readers Question

8:21 AM, 5th August 2014
About 4 years ago

Can letting agents sign tenancy agreements for landlords

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Can letting agents sign tenancy agreements for landlords

Being fairly new to the BTL market I wondered if anyone could answer a question that is troubling me please? Can letting agents sign tenancy agreements for landlords?

My wife and I purchased a property in Sheffield a few months ago, and as we live near the south coast handed it over to a letting agent for them to fully manage. To be fair they found us a tenant very quickly and we agreed on a short term six months tenancy agreement.

Now comes my problem, when we asked if they wanted to send down the tenancy agreement for us to sign, they stated that this was not necessary as they had signed it on our behalf. We also have a few other properties and in all other cases the letting agents have always called us in to there offices or forwarded the relevant paperwork on to us for signing.

My main concern is that I have never come across this before and also is this practice legal?

Keep up the good work, my wife and I find your site a real gold mine of very usefull information.

Many thanks

Paul



Comments

Mark Lynham

11:24 AM, 5th August 2014
About 4 years ago

Im a letting agent and i do, its in my T&Cs that the landlord gives me authority to sign on their behalf... never had a problem with any legal proceedings because of this..

IAN GOULDSBROUGH

11:24 AM, 5th August 2014
About 4 years ago

I have exactly the same problem and in addition they hold the deposit on my behalf with mydepsoits.co.uk. Yet mydeposits.com have failed to inform me how the transition from letting agent to landlord takes place once the tenancy with them ends.

LVW4

11:41 AM, 5th August 2014
About 4 years ago

Only once in the past 8 years have I signed a Tenancy Agreement, so I wouldn't be concerned.

Ian Ringrose

11:51 AM, 5th August 2014
About 4 years ago

This is normal and is often the only practical solution given time scales.

However I have had agents sign an AST on my behalf that did not match the draft and so did not keep to my mortgage T&Cs.

Mark Crampton Smith

12:36 PM, 5th August 2014
About 4 years ago

We let and manage over 400 properties, and are now using Docusign (electronic signatures) for agreements. This means that you can be certain that the agreement you sign is the same as any draft, and furthermore, it ensures that your tenants are clear that the contract is between them and yourself.

Rob Crawford

21:37 PM, 10th August 2014
About 4 years ago

As Mark Lynham says your terms or business should detail what you have authorised your agent to do. As agents ourselves we sign all our tenancy agreements and act on behalf of the landlord on various other matters. You as the Landlord will still be stated within the AST as such.

Alan Clark

19:24 PM, 27th September 2015
About 3 years ago

I am also a letting agent and differ with others as I see a cause for concern.

It appears that the agents signed you agreement without your prior knowledge or permission. Have you not seen the agreement? It could be good or it may not be very good in respect of your interests.
I always get my client's written permission for me to sign on their behalf if they are say abroad and only if they have seen
and approved it. I hope this goes ok for you but next time tell your agents that you sign not them, why cannot they post it to you?

Adam Davies

11:33 AM, 11th December 2015
About 3 years ago

Hi all

A question for those who sign the agreement on behalf of the landlord.

Do you sign in the space where it says 'landlord' at the end of the agreement, or do you sign a separate section maybe labelled 'agent'?

Mark Lynham

11:56 AM, 11th December 2015
About 3 years ago

my agreements say..
signed by the landlord(s) - (or the landlords agents)

i then sign and say 'agent' ... never had a problem and have been to court for possession.

Jamie M

17:35 PM, 19th January 2016
About 3 years ago

i have just had a possession case dismissed because the judge said I couldnt sign the ast on behalf of my landlord, in the landlord space. Is this correct?
If so what do I do now as my client wants his property back?

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