Can we advertise privately too?

[Ripsnort]

We had a letting agent round to view our property and we left the keys with them so that they could come round and take photos etc. ready to advertise. I've just noticed that today, a 'To Let' board has been erected outside the property.

I was expecting to sign an agreement with them before they went ahead and marketed the property. Is this not the case? It's just that I have advertsied the property privately myself just to test the water. Is this allowed if we have a letting agent acting for us (even though we haven't signed anything ):confused:

[welshgold]

If as you say you havent signed anything,then i assume you did not grant the agent an exclusive contract, in writing or verbally. so you can certainly advertise yourself, if you let it by any way except through agent you would not be liable to pay agents fees.

[jeffrey]

We had a letting agent round to view our property and we left the keys with them so that they could come round and take photos etc. ready to advertise. I've just noticed that today, a 'To Let' board has been erected outside the property.

I was expecting to sign an agreement with them before they went ahead and marketed the property. Is this not the case? It's just that I have advertsied the property privately myself just to test the water. Is this allowed if we have a letting agent acting for us (even though we haven't signed anything ):confused:

Be careful: contracts can arise orally as well as in writing.
And watch for weasel words: "sole" does not mean "exclusive" in e/agent parlance, so one can even have "joint sole agency"- ugh.

[P.Pilcher]

One thing you could consider if you can reach an appropriate written agreement with this agent is to use them with the responses to your private advert. Just refer anybody contacting you to the agent and let him take it from there. This means he can do the viewings, put up with the 'no shows' and then vet the potential tenant. If you can negociate a 'find a tenant only' service with the agent for a one off fee then the tenant becomes yours and you can self manage your property. There is also no hassle with tenancy renewals, renewal fees and the like. I have done it that way for years now and built up an excellent relationship with my agents.
I needed a Corgi registered plumber in a hurry the other week when mine was on his hols so I phoned my agent. I soon had a telephone number, Corgi man on the job and soon therafter another excellent tradesman in my phone book that I will be using again.

P.P.

[Ripsnort]

Thanks for your replies.;)

It seems we won't have to concern ourselves with this now as the agent has found us a tenent, the first day.

[Surrey]

Do make sure you have an agreement with the letting agent that you agree to, rather than just a "we've found you a tenant on the first day, isn't that great!".

You need to have full terms and conditions IN WRITING from the agent and signatures on both sides, after all what you are entering into is a contract so you need to understand what your rights and responsibilities are.

Bare minimum should include:
* What service they are offering on your specific property (letting only, rent collection, full management) and a detailed description of what that service entails.
* How much they are charging for the service and how they will collect their fees. You might find you can negotiate a lower fee and their "We've got you a tenant" line could be just a hook to get you to sign, only to find the "tenant" mysteriously disappears once you've committed.
* What notice period there is from either side to terminate the agreement.
* What happens if the tenancy is renewed with the same tenants.
* Confirmation that they are ARLA registered - see loads of other threads warning against using a non-registered agent.
I'm sure other posters will be able to add other things.

[Ripsnort]

Do make sure you have an agreement with the letting agent that you agree to, rather than just a "we've found you a tenant on the first day, isn't that great!".

You need to have full terms and conditions IN WRITING from the agent and signatures on both sides, after all what you are entering into is a contract so you need to understand what your rights and responsibilities are.

Bare minimum should include:
* What service they are offering on your specific property (letting only, rent collection, full management) and a detailed description of what that service entails.
* How much they are charging for the service and how they will collect their fees. You might find you can negotiate a lower fee and their "We've got you a tenant" line could be just a hook to get you to sign, only to find the "tenant" mysteriously disappears once you've committed.
* What notice period there is from either side to terminate the agreement.
* What happens if the tenancy is renewed with the same tenants.
* Confirmation that they are ARLA registered - see loads of other threads warning against using a non-registered agent.
I'm sure other posters will be able to add other things.
Thanks for this advice;) We do have a pack detailing all these issues that was given to us by the agent but neither of us have signed it as yet.

The agent we are using is a very reputable and long standing agent in this area with an excellent reputation. However, I hear what you are saying and I will endeavour to clarify all these issues and get the T&C signed.

Many thanks

[Ripsnort]

This morning I had a response from an ad I put in a shop window 2 days ago. I never really expected anything to come of the ad but I'm allowing them to come and view the property as it will be nice to get feedback and maybe a potential tenant if the credit cheques/references don't come back favourable from the letting agents client.

This is all new to me as this is my first property but this site is going to be a valuable resource me thinks:D

[Paul_f]

A letting agent does not have to have any written terms of business with you but it is of course preferable to do so. The exception to this is if the agent is regulated, which means they are either NAEA, ARLA or RICS and they will have proper insurance, be members of the Ombudsman Scheme and offer you the greatest protection. Non-regulated agent should be avoided if possible if you want good protection.

Even if you have been given written terms, there is no obligation to sign it in order for it to be effective, as all the agent would need to show is that you have been furnished with a copy if there is a dispute. If you don't agree with any of the cluases you should notify the agent asap. As you have to be given a reasonable time in which to object to any clauses then you shouldn't delay in doing this if need be.

[Lyndon]

To Surrey and Paul f - there IS a world outside ARLA and there are agents doing a better job than ARLA agents. Try NALS and UKALA.

When I started in letting the then company wanted all staff to be ARLA qualified. The quote from an ARLA member was, "Don't worry, nobody fails the exam".:eek:

Whilst there are many ARLA members doing a good job, membership is no guarantee!

Lyndon Baker
Managing Director BakerReed Properties Limited
BakerReed Properties Limited is a firm accredited by the National Approved Letting Scheme - a Government backed accreditation scheme which offers peace of mind to landlords and tenants through the knowledge that the firm they are dealing with offers clearly defined levels of customer service.

Member of The Guild of Letting and Management
Member of The Residential Landlords Association
Member of The UK Association of Letting Agents
Member of The South West Landlords Association

lyndon@brpl.co.uk
http://www.brpl.co.uk (http://www.brpl.co.uk/)