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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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If a landlord has not signed an agency agreement, are they

Customer Question

If a landlord has not signed an agency agreement, are they still bound to pay letting agency fees once a tenant has been found, referenced, credit checked, all monies paid to the landlord and the tenant has moved in? As we have a landlord who instructed us on his property which we let within 24hrs and is now taking us to small claims court in dispute over our fees which we have taken upfront.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
There is an implied agreement with the landlord in such a case and if the landlord agreed to pay your fees in return for you finding the tenant and providing the services such as referencing etc. then the landlord does not really a have a good case for claiming the money back from you.
You should defend the court claim on the above basis and argue that there is an implied agreement with the landlord even though no the landlord has not signed an agreement and that the landlord will be unjustly enriched if the court awards him the money back.
Hope this helps
UKSolicitorJA and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your help and advice.

Best regards.

Have a good weekend.

Expert:  UKSolicitorJA replied 2 years ago.
You are welcome and wish you a good weekend too.