New landlord - What should i get from Agents

[Sand]

Hi

I have an agent but just would like to know do I need to get any form of proof that they have taken a deposit and are holding it in a scheme?

Also, do I get to sign an agreement between tentants and myself, or do the agents do it on my behalf.

It just seems that the agents have found tenants and now I get left alone (which is good but not sure if right)

~I would appreciate any adivce

Thanks

[Melboy]

You should get a copy of the tenancy deposit paperwork with references etc......essential.

You should at least see a copy of the draft contract to ensure you are happy with it and you should sign off the final draft when you are happy with that contract.

Mel.

[brettbutcher]

It is a question of comfort really, but first the legal stuff... Your agent can sign on your behalf as long as they are legally your 'agent'.

Some landlords prefer to be completely 'out of the loop' and some want to feel 'involved at a distance'.

Before I set up my-let, I was like you.. and wanting to be involved.

It isn't legally required that you personally hold the paperwork (references, deposit registrations, tenancy agreements et al) and by default we don't send them out to our landlords, but then again, our landlords can look at their property account on line and get any document.. sorry.. slipping into sales mode (self slap;) ).

But as Melboy said, you really should have a copy at least of their standard template AST and have talked about any special rquirements you may have for the property before it was signed up.

If you ask for copies though, they should send them to you. No question, no argy bargy. Assuming the agent is a reputable one, they might just be trying to do their job as an agent and shield you from the flak. Thats why you hired them I guess.

I think it really depends on your relationship with your agent and how comfortable you feel about it.

I have met some agents though that take a very 'pat on the head' patronising approach to their landlord clients .. and this type really make me angry.

Partly because they are trying to hide behind some wall of self justifying mystique of their own creation (wow - might tweet that later).. and partly bacause they just plain can't be bothered to get of their arses, copy it and send it to you.

My advice would be to talk to your agent about it. Get them to provide you copies just for your peace of mind. If they won't (or claim they can't) do it. then sack them.. there and then, and find an agent that will work with you the way you want.

[Carryon Regardless]

Not wishing to scare monger but any error by the agent becomes your problem and even legal responsibility.

I use tenant find as I wish to interview T's, and to ensure my involvement I email the A to say that my signature shall be present on any contract for it to be valid.

As there is always a possibility of later chasing up I require copies of references, as I would have if an A were not involved, of course you should hold a copy of the agreement also.

As I feel secure in the A's style and ability I look forward to letting them do more so I can do less.

[brettbutcher]

Hi Cor, yes, using tenant find does release the agent of the ongoing reponsibility for most things, however if they do royally screw up then you can come back to them and, provided you use a reputable agent (and by that I would go for one that is a member of a professional body with teeth - ARLA, RICS, NALS (maybe)).. and in order to be in those they also have to subscribe to the property ombudsman service... oh and have PI cover too.) This is why good agents are pretty rigourous with their process and procedures therse days, and tbh, not before time. So yes, if tenant find only is used, then get everything ..and check it before signing.

But I (mistakenly perhaps) assumed from Sand's present tense of the use of agent ('I use an agent') that management was/is ongoing. In that situation then it is even more onerous on a reputable agent to get it right.

Don't get me wrong, I am not a defender of letting agents (although you'd rightly expect me to be) but as one myself, I am very aware of the responsbilities we have to our client landlords and we do treat it with great care. I have already vented some of my frustrations about the behaviour of some agents in my previous post so won't labour it.

So, if managed, you shouldn't need to worry. But, for peace of mind, and certainly till you have built up trust with you agent, make sure they have it right. Get copies of all the documents and if you don't like them. Change them. Tip.!! Make sure you look at the exit clauses for your t's and c's with the agency. Some are really horrible and tantamount to bear traps designed to keep you locked in with them.. I think I might start a post on this topic alone..

[Carryon Regardless]

Brett your points are accepted, I don't intend to imply that all A's should be tarred with a Sh++ty stick. We have a some very experienced and respectable A's on this forum.

My cautions derive from seeing many LL's that employ the services of an A believing they have protected themselves from liability. A not only recent example but more recently being made apparent is the take deposit and keep it scam, along with whatever rent can be gleamed.

Agent gone there is little redress, even if scabby style A is still around litigation is the option so a valuable part of life is lost recovering what could have been avoided, with a little more fore warning anyway.

My cynicism doesn't allow as much respect as these over seeing, profit making bodies might deserve. "With teeth" has got to be an advantage, but using them and the Ombudsman again requires great effort on the claimant to state the case, as it can't work any other way in our innocent until proven guilty culture.

The legislations will cause the LL headaches in any adverse situation as the legal responsibility is ultimately with the LL.

Prevention allows for more time on the beach, imvho.

[brettbutcher]

Fair point. Well made..:-)

[Sand]

Thank you for all your advice, I have asked for copies of everything and agents had no problem with this.

Finally (sorry just want to get this right), my tenants move in on Friday and will be given the keys by the agents. Should I perhaps go around there and introduce myself or just keep out of it and let the agents do all the work.

You can tell I am new can't you?

Thanks

[YesAdam]

If your letting agents are managing the property - then you should leave them to it as they should be the Tenants first port of call.

If you visit the tenant - then give tenant your number. This will lead to problem of the agents not knowing issues and you end up doing their job for them or being the "messenger".

On the other hand - if you call around and make it clear agents are the people to call but you are their if tenant feels the agent is not treating them as they should.

[Grampa]

As a agent one of the things we hate is when the landlord starts to get too involved with the tenants.

1 The tenants will start playing the agent off against the landlord like kids do with their parents. " Well he said we could do that"

2 The check out becomes more problematic because permission has been given to change things and the agent has no record of it.