What happens if a potential tenant sourced from a lettings agency approaches me personally(during a viewing)about renting through us instead of the ag
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272Swarbs postedIf you have signed a contract with the agency (they may call it their terms and conditions or some other document), then that contract will state that you must pay their standard lettings fee for any tenant that they introduce to you. Attempting to make a deal with the tenant behind the agency's back is legally classed as breach of contract, and the agency can then take you to court for the tenancy fees that you would have incurred. Even if you haven't signed the contract, the agency may be able to claim that there is a verbal contract, as you have given them permission to conduct viewings.
You can of course get round this, usually by telling the agent that you have found a tenant through another agent. I doubt that they would find out, but if they do then they are quite likely to take you to court, and if they do they will almost definitely win. Also, it is arguably quite immoral, and is effectively theft, although I don't think it will be treated as a criminal offence by the police, so you are unlikely to face any criminal proceedings - the agent would pursue you through small claims court.
Bear in mind of course that the letting agent does carry out credit checks on tenants, and may perform other vetting services to make sure the tenant can pay. Also, if the prospective tenant wants to dodge the agent's fee, they may also try to dodge paying rent.
Posted on 24 February 2010 |
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804MikeGG1 posted
If the Agency have introduced the client then you would be in breach of contract if you didn't pay their fees.
If, on the other hand, they had come direct and your contract wasn't on a sole agency basis, then you wouldn't have to pay the fees.
As Swarbs says, will you be able to trust them?
Mike
Posted on 24 February 2010 | Love 1 love
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21iPension posted
I would be very suspicous of a potential tenant who tries to cut out the agent. They could be trying to hide something that the agent will discover. They may be intending to occupy and then not pay more than the first month (and eviction is difficult) or they could simply be trying to save money and strike a deal with you direct, in which case how much do you trust them in your property.
Posted on 01 March 2010 | Love 1 love
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