Tenant Introduction through two agencies – which is valid?

Hi Sal

It depends on what terms and conditions you have signed up to with the High Street agent. Have you signed a contract and if so, did you read it before you signed it?

If you can prove, perhaps by email, that the online agent referred the prospective tenant first then I would show that to the High Street agent if I were you.

Of course, you may not like the prospective tenant and he might not like your property so it is all academic at the moment anyway.

The other point you should consider, especially as you are a newbie, is the service the High Street agent is offering. I suggest you compare it to this >>> http://www.property118.com/property-management-checklist/67891/
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No idea what the law is, but I had a similar situation with property in Spain - someone contacted us directly and later went to the agent - which would have meant both parties had to pay several thousand pounds. I just said no; that I had received an email before the agent and so their contact with the agent was irrelevant. No idea if that helps - but it worked for me (in Spain though).

Reply to the comment left by "Mark Alexander" at "03/06/2015 - 10:47":

Hi Mark,

Thanks for this.

I have signed a contract and have read through it several times over (before and after I signed it) and don't see any references to tenant introductions (through the high street agent or their competitors).

The only bone of contention I can see is the following:
'In the event of any Tenancy not being concluded by reason of the Owner withdrawing his instruction then a Fee shall be payable by the owner to cover the fair and reasonable value of the work carried out and expenses incurred by the Agent prior to the withdrawal of instruction'

Unsure if this refers to a tenancy which has begun or whether it applies to prospective tenancies too.

I can prove that the applicant came through via the online agent with time stamped messages on their portal exchanged between myself and the applicant, and yes, you're absolutely right, no point in fretting until the applicant puts in an offer and it's accepted. I just thought I would arm myself with all the facts, legalities and rules if it does become an issue.

Thanks for the link - I'll look into it!

Reply to the comment left by "Ros ." at "03/06/2015 - 14:43":

Thanks Ros,

That is helpful - and sets precedent (perhaps not legally but at least anecdotally) - did you end up taking the applicant on as a tenant? And did the agency try to contest your response?

Hi Sal. No, this was when we were selling a property in Spain. The sale fell through in the end anyway, but the agent, who had previously been a friend before setting himself up as an agent (as every man and his dog does in Spain), tried to make out he'd established contact with the person first. We just assured him he hadn't and he gave up. But, as you say, it was a similar scenario and I felt had push come to shove we could have shown our contact was first and wouldn't have paid him a penny. All the best with it.