How to appoint my friend as informal letting agent?

[sparkie]

I have a friend who acts on my behalf as an agent as I am based abroad. Do I need to authorise that he is my agent and authorised to sign on my behalf by way of a formal letter/authorisation. If so is there any specifics/law that I need to state/include?

[jeffrey]

It depends. If you want to appoint him merely as your agent, to run your E&W lettings, a mere letter is possible. However, I'd recommend a rather more detailed list of each party's rights/responsibilities- yes, even though he's just a friend and not a professional Letting Agent. No particular law needs citing. Note that he will NOT have power to execute Deeds or the like unless you grant him a proper and formal Power of Attorney.

[sparkie]

Thanks for your advice Jeffrey. This post came about because a father (who himself is based abroad) is stumping up 6 months rent for her daughter. As I'm not able to be there in London to sign the TA and receive the Certified Bank Cheque payment in exchange for the keys, my agent friend is doing so on my behalf. The father is aware that I have an agent; saying that if my agent is to sign on my behalf, he would like to see that he is authorised to do so. Hence this post.

Here is my very rudimentary attempt below. Any suggestions to make it better?




Authority to sign and act on my behalf


I appoint (insert agent friend's name) as acting agent for my properties in the UK. He is authorised to hold master keys, receive rent and deposit cheque payments, enter the properties with advance notice and with prior tenant agreement for checks, valuations, maintenance and repairs, sign Tenancy Agreements, carry out Inventories, Check-In, Check-Outs and periodic inspections.

Date


[ my signature ]

_____________
my name
UK address

[theartfullodger]

You might wish to contact other local letting agents in the area to see what their terms & conditions are??? No point re-inventing wheels/.....
e.g.
www.abacusestates.com/terms2.pdf
or
http://www.clickdocs.co.uk/letting-agency-terms-and-conditions.asp?trade=Letting%20Agency

[Paul_f]

Don't forget your friend might incur your UK tax liability (if any) as your agent if you don't have an exemption certificate.

[sparkie]

thanks Artful, as above the only reason I'm wording anything up is for the father of the applying tenant so he can see that my friend is authorised to sign on my behalf, rather than a formal agreement between myself and my friend

but thanks for the links, and thought

[sparkie]

Don't forget your friend might incur your UK tax liability (if any) as your agent if you don't have an exemption certificate.

thanks Paul. Every T I have had has paid to me directly. This is the first time that my friend has had to receive in hand a Cheque - which is in my name and will be banked into my account. So technically the money will not go into his account, just that he will be there to take in hand the cheque and bank into my account for me. But yes, understood re your point about the exemption cert

PS any improvements, tips to my wording above in post 3?

[sparkie]

Any improvements, tips to my wording above in post 3?

[theartfullodger]

Sparkie:

If you are non-resident & haven't arrived at a documented agreement with HMRC your tenant and/or agent should withhold 25% of rent (-ish..) see,.,,

http://www.hmrc.gov.uk/cnr/nr_landlords.htm

HMRC are not the people to have as enemies!! Either for you or your friend !!