Relationship with a letting agent without contract?

by Readers Question

14:07 PM, 13th February 2017
About 2 years ago

Relationship with a letting agent without contract?

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Relationship with a letting agent without contract?

Here is a case I like to get a discussion going:

An agent who knows we are moving in 4 or 5 months, but is not on contract wanted us to do him a favour and let him show our house to a potential tenant who is broadly considering moving here. We happily agreed, but told the agent to be mindful that we had not made up our mind re selling, tenancy or keeping it empty and he was without contract with us. The agent showed up with the tenant, who indicated he would be really just looking to get a feel for the area and house quality available.

A few days later the tenant rung my door and asked to have another look. He also entered into on the spot negotiations over a potential contract.

Clearly, he felt this could be done between him and me rather than via agencies involved on both sides.
I like the tenant; the terms he offered were generous and he is of very good credit standing.

Now, I have no contract with anyone, but what is my legal position if any?

Clearly this is a case of morality and fairness to pay a few Pounds to the Agent, but has to be completely “without prejudice”.

Comments welcome ,thanks

Freddy



Comments

Neil Patterson

14:09 PM, 13th February 2017
About 2 years ago

Are you having someone manage the property?

If you are I would definitely send this business their way.

Rob Crawford

16:43 PM, 13th February 2017
About 2 years ago

Did the prospecting tenant explain why he wished to cut out the agent? Is there something that he feels an agent may find during their credit and referencing process that you may not? If the prospecting tenant is willing to do the dirty on the agent, what will he do to you at a later date? The agent has put some time in to do the viewing and make the introductions. OK so no contract but doesn't good faith carry any weight!

Charles Orlebar

21:43 PM, 13th February 2017
About 2 years ago

Hi, if the agent has failed to publish what his cost of introduction is then it will come down to what he can agree with you. If fees were declared, you take the introduction and not pay the agent, and the agent chooses to persue you, they have grounds for a claim as your acceptance of the introduction by taking tenancy can be argued as an introduction that you otherwise would not have had the benefit of. All sounds rather unprofessional of the agent. Note - that if you do take the intro and not settle with the agent, you may find other agents will not touch you in future - mud sticks. Hope that helps

Mandy Thomson

14:09 PM, 14th February 2017
About 2 years ago

It's been my experience that tenants that agents are especially persuasive about landlords taking or find "as a favour" turn out to be less than desirable tenants. I would be interested to know where this person is currently living and if he's renting, is his current landlord a client of the agent? Or has he got some other connection with the agent, other than simply being a random house hunter?

Mark Alexander

16:01 PM, 15th February 2017
About 2 years ago

What referencing was done?
.


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