9:43 AM, 22nd February 2022, About 3 months ago 6
I had been looking over the new model contracts under the new rules and was surprised that there were no fundamental or supplemental terms relating to agents or interest on late rent payments.
I made enquiries and interest on late rent payments are an additional term agreed between landlord and contract holders. This surprised me as under the tenants’ fee rules there is a limit to interest chargeable, which I would have thought would be a fundamental term.
The other issue was no mention of agents, which apparently can be added as an additional term.
However, this was quoted: “The Act says that ‘the landlord, in relation to an occupation contract, is the person that is (or purports to be) entitled to confer on an individual a right to occupy the dwelling as a home’ and that ‘each person with whom a landlord makes an occupation contract is a contract-holder under the occupation contract’ ”
So if a landlord hands over full management to the agent, the agent then has the decision on whom to rent the property to, so the agent is “entitled to infer a right to occupy” so under the above definition, does the agent become the landlord?
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