PDA

View Full Version : dual agent problem



house21
21-11-2009, 18:06 PM
Can anyone help please - I have recently found a house i want to rent . I viewed it with one agent (agent A) who negotiated a deal with the landlord which i said i would think over.
In the meantime i contacted the other agent marketing the property (agent B) who I currently rent with and who is keen for me to remain as their tenant and would offer me far better fees to stay with them. As a single mum every penny counts! Nevertheless to do the decent thing I gave agent A an opportunity to come back to me to with his costs however they did not call me back as promised and the staff i spoke to gave conflicting information.
I therefore arranged to agree the deal with agent B and paid them a holding deposit.
Now Agent A is bullying me and and demanding that i swap and rent through them. I have told them i don't want to and that i want to rent through agent B but Agent A has also been on to the landlord and now they are saying they will only rent to me if i rent through agent A .
Does anyone know what the legalities are here ? Agent B is to refund my holding deposit but both agents will continue to market the property. Can the landlord prevent me from renting through Agent B if i want to this seems unfair and i can only assume it is because he has an introductory payment clause in his contract with agent A. I really don't want to rent with agent A because of the excessive tenant fees, their incompetency and them bullying me but i like the house and i have only weeks left on my existing contract. Any help would be much appreciated.

tom999
21-11-2009, 19:08 PM
LL can effectively decide which agent he wishes to act for him. If both are marketing the property, I expect the Agents contract's (and/or Terms of Business) will define any specific conditions further. If Agent A is claiming LL will only rent via them, ask them for proof - they may just be calling your bluff.

Remember that any potential tenancy will be with LL. Any agent (A or B) will only act for LL. Have you tried contacting LL directly, to explain your dilemma?

house21
21-11-2009, 19:15 PM
thanks -

i have the landlords address (no tel number) as this was on the contract that letting agent B sent me to let the property after they took my holding deposit.

Am i allowed to visit this address to speak to the landlord ? I am not sure of my rights in this matter ie, whether agent B could have legal implications against me if i do this as i am using the confidential information on their letting contract for my own gain to speak to the landlord behind their back?

many thanks

tom999
21-11-2009, 19:33 PM
No, do not visit LL.

Have you tried contacting LL via Agent B regarding Agent A's claim?

What does it say in Agent B's contract, regarding contacting LL?

house21
21-11-2009, 21:00 PM
thanks - yes, i've contacted agent B who have confirmed that they have now been told by the landlord that i have to rent through agent A . Agent B is now going to return my holding deposit.

Even after returning my deposit and if the property is still unlet in a week or so 's time and i view it with agent B -(theoretically a fresh application? ) i'm guessing the landlord will still exercise his right not to let me rent through agent B because agent A may still claim introduction clauses.

Regrettably , there is no reference to contacting the landlord in agent B's contract other than formal notices affecting the property can be sent to the landlord or their agent.

i'm guessing my last option is to go into agent B 's office and see if they will phone the landlord and let me speak to them in their office to explain the situation and hope they may change their mind.

thank you very much for your help. it is much appreciated.

tom999
21-11-2009, 21:27 PM
Appreciate that you may have your heart set on the one property, but sometimes its better to have one or two properties 'in reserve', that you can fall back on if this one isn't successful.

You could try finding a private LL and deal with him/her direct (instead of an agent) via: local papers, postcards in Post Offices/newsagents, Rightmove, Gumtree & other property portals.

Good luck!