TIPS ON GETTING THE MOST FROM YOUR AGENT Make sure you know what you are getting. Whether it is full management or Tenant find only, ensure you are clear with the terms of the agreement you are entering into from the outset. For information on the difference between the services, see Let only Managed or Rent Collection.
The importance and value of good documentation covering your arrangement with the Agent cannot be emphasised enough. This makes both parties intentions clear from the outset and minimises the possibility of dispute further down the line. And, if there is a dispute, the contract will clearly show who is in the right and will allow that party to take legal action and be able to present good evidence to support their claim.
Make sure there is written documentation covering your relationship with the Letting Agent. In some cases, agents rely solely on their terms and conditions (which they may or may not ask you to sign). Make sure there is proper documentation in place which makes both your and the agent’s obligations clear.
Ensure that your initial requirements are documented and that you have a copy. All too often there are disputes that the tenancy was not executed as the landlord instructed. For you to be able to rely on any wrong-doing of the agent, you will need evidence to demonstrate this. Your requirements should clearly list exactly what you are looking for and this may include (but not be limited to) the following: the initial length of the tenancy, the minimum rental income you are willing to accept, the type of tenant(s) you want and don’t want (professional, housing benefit, student, etc), Tenants with (out) pets, smokers or non-smokers, how much rent you want in advance, how much deposit you want etc.
When signing the agreement ensure that it contains clauses you are happy with and covers everything it should. Some basic points to check:-
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.