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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47378
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We are a letting agent that had a very good relationship with

Resolved Question:

We are a letting agent that had a very good relationship with one of our landlords for a number of years, however recently someone else has appeared that claims to represent the landlord.
We have had instruction to discuss maintenance issues with this third party and now and email from the landlord that this third party has full authority to act on the landlords behalf.
Our concern is this individual is making decisions that we feel are detrimental to the landlord. Where do we stand, do we not need a letter from a solicitor etc for this third party to be acting.
We have tried to speak to the landlord and requested he comes into our office but to no avail ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What decisions are detrimental in your opinion?
Customer: replied 1 year ago.

The tenants need to move out for personal reasons, they have a contractr until June 16, however we have offered to re-let the property at no cost to the landlord. We have explained to the thrid party that if we can not accomadate the tenants sooner or later they will just leave.

The tenants are happy to pay the rent until the new tenants move in though the third party will have none of it and predictably the tenants have said they will now just leave.

The whole scenario is very unlike the landlord that we have dealt with for ten years, he has no other family and then this third party appears ?

Expert:  Ben Jones replied 1 year ago.
You do not necessarily need a solicitor’s letter to confirm that a third party has been appointed to act on the landlord’s behalf. He could simply grant that authority himself, in a letter, and allow others to deal with the property on his behalf. There is no legal requirement for this to be done through a solicitor. A more formal legal confirmation would be required if he no longer had the capacity (usually mentally) do make such decisions and in this case a formal power of attorney would be issued. However, if he did have the capacity to decide that he wanted someone else to have the authority to deal on his behalf, he can do this himself, without the need for formal legal involvement or official documentation. Saying that, you do not have to accept the letter as evidence and can refuse to act with the third party unless you re entirely satisfied that he had intended for this to happen. You could state that you wish to see the landlord in person or have other evidence to confirm that he is happy for the third party to deal on his behalf. This could be a formal statement sworn in front of a solicitor, something called a statutory declaration where they have to identify him formally before they agree to certify his statement. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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