Scope of authority

Landlords are bound by any agreement or contract made by their agent on their behalf with a third party (if the Landlord had given the agent permission to act).

In this respect of this, it is very important to make the right choice of an agent who has to carry out their duties dutifully and responsibly. A good Agent makes sure that they are up to date with the latest legislation (ever changing), they should be able to demonstrate that they are aware of the latest changes and or attend training courses and seminars on the new procedures passed by law.

To cover both parties, in any disputes that may arise, it is recommended all instructions and enquiries, after any conversations, should be confirmed in writing to make them absolutely clear which avoids any misunderstandings.

The agent is not liable for any contract that they have entered into on behalf of the Landlord, so long as their actions are proper and followed the agreement drawn up with the Landlord.

Where an Agent has acted improperly by ignoring specific instructions from the Landlord within the agreement, or in a separate correspondence, in most cases where losses stem from such an action, the Agent will be liable to the Landlord (An Agent may appoint tenants who have a dog which causes damage or breakages when the Landlord stated that they did not want any pets in the property). It is vital that Landlords cover themselves properly by sending written instructions to the agents, as in situations like this, "Evidence is King" in any legal action.

An Agent is able to serve Possession orders, amongst other notices and likewise a Tenant is able to "surrender" the property, a notice to vacate, these are seen under law, as correct and valid actions taken by either party. Agents cannot take any other action for their Landlord, within the notice, other than obtaining the possession of the property back. ONLY Solicitors and Landlords are able to carry out the other duties in a notice, such as claims.

The most common reason why County Courts have rejected claims is because the Letting Agent signed the claim form rather than the Landlord or a Solicitor.

Important advice when entering into an agreement with an Agent: