EA to work in clients best interest ?

[MrCrumbpacker]

I recently made an application to rent a property.

We have impeccable references, from previous and current landlords.

We have been tenants for some years, paying anywhere from 650 to 750 per week without fail.

The agent (who knew us from the current rental), said she would recommend us, I made it clear I would be prepared to pay above the asking price if necessary, and therefore left the price space blank.

We were subsequently informed that the property had gone to someone "in greater need" (recently expelled husband apparently), for the asking price.

We are a family with a young baby, and child, needing to move as the bank is unfortunately foreclosing on our current landlord.

When I asked if our offer of an increased rent had been made, we were told it was immaterial (no in other words, the agent had filled in our offer at the asking price).

I further demanded an explanation as to how denying the landlord the opportunity of increased yield was working in the clients greater interest.

I was basically told to forget it the deal had been done.

There are other properties, but we had taken to this one as it was within walking distance of both schools.



Is this legal, and how would you feel if you were the landlord?

 

[dan c]

I can't see how it's illegal. Did the agent present your offer? The landlord is free to lease the property to whoever they want, and the aount of rent is only one factor. (A very important factor, though.)

Having said that, I wouldn't be too happy if I was the landlord, that the possibility of a higher offer was not conveyed to me. It sounds like the agent fell for the sob story of a prospective tenant.

Maybe play up that angle next time.

 

[The Y-man]

We are a family with a young baby, and child....

....can be a factor too.

The Y-man

 

[MrCrumbpacker]

I can't see how it's illegal. Did the agent present your offer? The landlord is free to lease the property to whoever they want, and the aount of rent is only one factor. (A very important factor, though.)

Having said that, I wouldn't be too happy if I was the landlord, that the possibility of a higher offer was not conveyed to me. It sounds like the agent fell for the sob story of a prospective tenant.

Maybe play up that angle next time.

We are not really the angle playing type, just straight up, honest with perfect references.

No, the agent did not convey to the owner that we were willing to pay 50 bucks a week more, they left that out.

Their argument being, every one was on a level playing field, though I do wonder how somebodies 'greater need' was pointed out.

Presumably if they were selling a house, and somebody offered more, the agent wouldn't be obliged to communicate that either?

As far as I can work out, the EA's duty is to work in their clients (the landlords) interest, by law.

How would reducing the clients potential yield therefore be within the law?

 

[MrCrumbpacker]

....can be a factor too.

The Y-man

Why??, a fact of life possibly.

Perfect references,... pay a deposit,... leave the property in as good or better condition, why on earth would a family be a problem?

What do landlords want, to collect rent and have no one live there?

PS I'm also a landlord elsewhere.

 

[Terryw]

You seem to be asking if the agent is obliged to present all offers to the landlord. I am not sure of the answer to this, but if I was the landlord than I would want to know someone is offering more money.

Maybe you should track the landlord down and inform him/her of the agent's behaviour.

 

[MrCrumbpacker]

You seem to be asking if the agent is obliged to present all offers to the landlord. I am not sure of the answer to this, but if I was the landlord than I would want to know someone is offering more money.

Maybe you should track the landlord down and inform him/her of the agent's behaviour.

Exactly what I am doing, getting a name from the council, no problem, but contact details always lead back to the agent, who appear to have been very diligent in protecting this information, unsurprisingly.

Unfortunately most avenues regarding responsibility for the property lead back to the Agent.

Land registry, again only gives a name, no contact details.

I will doubtless get there in the end, any suggestions would be greatly appreciated.

All the law seems to say is that the agent is obliged to act in the landlords interests, I have yet to receive a response from the agent as to how denying increased yield opportunities is in the landlords interest.

The aggression and arrogance upon asking questions is quite surprising.

 

[Terryw]

Facebook is a good source for tracking down people

 

[dan c]

It's easy in hindsight, but maybe you should have written the amount of rent you were willing to pay on the application form, rather than leaving it blank. All you have now is your word against the agent's word.

You're right, the agent is required to act in the best interest's of the landlord. PROVING that they haven't, however, is not easy.

If I were you, I'd forget about it and put my energies into finding a house to live in. And chalk this up to the ol' life experiences category.

 

[MrCrumbpacker]

It's easy in hindsight, but maybe you should have written the amount of rent you were willing to pay on the application form, rather than leaving it blank. All you have now is your word against the agent's word.

You're right, the agent is required to act in the best interest's of the landlord. PROVING that they haven't, however, is not easy.

If I were you, I'd forget about it and put my energies into finding a house to live in. And chalk this up to the ol' life experiences category.

Sure, have moved on and found a few others to choose from, interestingly, the wife met and spoke to the current tenants, who strongly advised us to find elsewhere, due to the damp and mould problems they had had with it.

In retrospect yes, never trust an EA, should have filled in the form ourselves, took her advice instead.

They have not denied what they did, if anything, they seem to be panicking a bit since we questioned it and mentioned the landladies name.

I doubt they would be stupid enough to lie about who filled in the form now, after having admitted it was themselves, even if the handwriting/pen matched.

I just wonder how many other landlords of theirs have had their interests seen to in this way.

We intend to follow this through as a matter of principle, I'm not the type to let people get away with this sort of behavior.

 

[The Y-man]

Why??, a fact of life possibly.

Perfect references,... pay a deposit,... leave the property in as good or better condition, why on earth would a family be a problem?

What do landlords want, to collect rent and have no one live there?

PS I'm also a landlord elsewhere.

I think there's been discussion about this before - some people have a fear that their IP will be damaged by kids, or that (from however they extrapolate!) somehow families with kid(s) may be higher risk paying rent.

Also, references from former PM's are treated with.... caution.....

The Y-man

 

[MrCrumbpacker]

I guess we'll only know whats what when we speak to the landlady, be it through the electoral roll, or just asking around.

 

[jezza]

MrCrumbpacker

Let it go, what do you hope to achieve out of it, either a "I told you so" or that the landlord may want to leave that agency. Tribunal won't do anything about it, even if it got that far. You have a child and a baby and your up against 1 male. Landlord may not want to have his walls drawn all over and his carpet covered in vomit & crap. this may not be what you think your kids are like but it may just be what the landlord just doesn't want to take that chance.
Jezza

 

[wylie]

I'm guessing leaving the weekly rent amount blank could be construed as you entering into a "bidding" situation, which is illegal, isn't it? I thought it was, anyway.

Also, so many landlords on here state quite clearly that they don't like pets or children in their IPs. Many go on to say they would prefer to rent to people with pets than people with children . You might just have struck a landlord who was not keen on having two children in his rental.

Find the next one, move on and don't let this eat you up.

 

[MrCrumbpacker]

MrCrumbpacker

Let it go, what do you hope to achieve out of it, either a "I told you so" or that the landlord may want to leave that agency. Tribunal won't do anything about it, even if it got that far. You have a child and a baby and your up against 1 male. Landlord may not want to have his walls drawn all over and his carpet covered in vomit & crap. this may not be what you think your kids are like but it may just be what the landlord just doesn't want to take that chance.
Jezza

Landlord actually stipulated the place as pet friendly,(not surprising, the place was very run down) and the previous tenant had kids.

We were told the landlady was easy going, and we could do what we like with the place. We told the EA we would redecorate and replace the kitchen, and replace all the carpets (they were disgusting) This again was not put forward to the client

Being a builder I am quite happy to do these things if the lease is at least a year or two, we had a previous property redecorated at our own cost as it was tatty.

If the price is right, I find it quite a good way of getting what you want.

The whole point is, we TOLD the EA we were happy to pay above asking, and this was never passed on!

Its neither here nor there to us in the end, it is not as though there is a shortage of rentals, I just find this sort of sneeky behavior from EA's tedious.

I don't think the Landlady, or we, were properly treated, lets face it, the landlady is already a couple of thousand bucks down on increased rent alone, surely that should have been her choice.

 

[MrCrumbpacker]

I'm guessing leaving the weekly rent amount blank could be construed as you entering into a "bidding" situation, which is illegal, isn't it? I thought it was, anyway.

Also, so many landlords on here state quite clearly that they don't like pets or children in their IPs. Many go on to say they would prefer to rent to people with pets than people with children . You might just have struck a landlord who was not keen on having two children in his rental.

Find the next one, move on and don't let this eat you up.

I really don't know if it is illegal, but would be interested to hear, certainly the agent never mentioned it, we left it blank after all, with instructions for her to fill in what was necessary to secure the property (within reason).

If that was illegal, I would have expected to have been told at this juncture

 

[jezza]

Its neither here nor there to us in the end

Obviously!

 

[MrCrumbpacker]

Obviously!

Mornin Jezza,

I mean we are not really bothered where we live, but yes I am bothered about being treated like *****.

Don't do it to others, don't expect it.

 

[Macca]

Hi,

My guess is they decided to give it to single mother as an act of kindness.

Often they find it hard to get accommodation and it is quite possible the LL knows the person if you are in a country area.

 

[The Y-man]

My guess is they decided to give it to single mother as an act of kindness.

My reading of the initial post was that it went to some dude that had recently been kicked out of home

Unless I got it real wrong somewhere....

The Y-man