Cooling off period - Letting services agreement

[Rawhide]

Hi all, I hope I can get some advice. I need to understand if there is a cooling off period for landlords with regards to tenancy agreements made with estate agents.

If for example we signed a agreement with Estate agent A, then decide to use estate agent B and their tenants are we able to use a cooling off period to cancel the contract?

I have read the terms and conditions and cannot see any cancellation or cooling off period in the documentation. I understood that there was a statutory cooling off period for financial arrangements but I'm not sure this qualifies.

[Rawhide]

From reading this site it seems that the following is relevant to our situation. We have NOT accepted any payment from estate agent A so can I assume any contract is not yet binding?

Change of heart

Providing all sums paid to date are refunded, can I as a landlord go back on a signed tenancy agreement before the prospective tenant has gained occupation?

For a contract to be effective there must be an offer, an acceptance and an exchange of value. So if a tenancy agreement is offered, accepted and money accepted, there is a legal liability in place on both sides – after all there is a rental liability from the date the agreement starts.

Tenants may have invested time and money in finding a suitable let. So simply saying sorry is unlikely to wash. Unless the tenant agrees for some reason (a financial incentive perhaps) to accept cancellation of the agreement than I think he or she could argue that any attempt to stop him or her moving in amounts to an illegal eviction.

[Mortitia]

I'm not sure where you're at on this one.

I have before now been on the books of 2 letting agents, signed terms of business with both and selected tenants put forward by only one and told the other that the property is now let. End of story

There is nothing to stop you using more than 1 agent unless it specifically says so in the contract you signed.

OR do you mean you have actually signed an AST with tenants and changed your mind?

Mortitia

[Rawhide]

OR do you mean you have actually signed an AST with tenants and changed your mind?

Mortitia

This is correct. There is certain reasons why this has happened but this is essentially correct. Both agent A and B have marketed the property. An AST has been signed with agent A (or at least documents to this effect) and then Agent B has been appointed one week after.

Agent B has informed us that the contract with Agent A is not yet in effect. Agent A is wanting to recover costs due to the AST being signed.

[J4L]

An AST should be signed on handover of the property, that's what I do!!

I don't see how an agent can sign an AST with the tenant and then a week later you appoint another Agent

Of course the original ( I think) is not YET a valid contract until the date it takes effect but I'd be very careful if this is actually the case as I read it because of course Agent A on your instruction has agreed to let this property from a certain date TO a further date so when this date arrives do they have a claim on the property??? I'd say so!!

For starters, surely Agent A had discussed potential tenants with you or they would have not told the people they were going to be accepted. Why after accepting them did you change your mind??

Secondly, If I were a tenant that had been promised a property and I'd signed an agreement, handed over an agents fees I'd want THAT money back wouldn't you?

Agents DO charge a fee to tenants, it costs time and money to process a tenant and it is absolutely acceptable in this instance to get this fee back to the tenants. If the agent has processed an application then you should pay the agent also.

I think we need more information here . . . . . .

[Melboy]

If the LA has incurred costs up to the signing of the tenancy agreement at your request and you have decided to change LA's for whatever reason that may be then I think it is not unreasonable for that LA to ask for the costs of setting up the tenancy agreement to be paid to them by you.

Nearly all LA's I have dealt with have a financial cancellation clause in the contract which I would have thought you would have signed once the LA has taken your property on for letting.

Mel.