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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10493
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We were about to sign a contract with a landlord through a

Customer Question

We were about to sign a contract with a landlord through a letting agency. Yesterday he backed out of the letting agency and said that he would only continue with the process if we could proceed to do it privately.
He has since requested that we tell the letting agency that we are not going to take the property and that our guarantors (our parents) be the tenants on the contract so that he is not liable should the estate agency find that he used them.
If we go through with this is anyone other than him legally liable? Further to this is it possible that he is colluding with the estate agent (we have been dealing with Monochrome Consultants and have only ever spoken to the director) to try and put us in a compromising situation?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Although morally incorrect, you won't be committing anything legally wrong should you do as the Landlord says. Likewise, the Agents can not come after you for any monies/damages if they do indeed find out that you are renting "privately".

However, what I would not advise is for the Tenancy to be in your parents names. If you do this, then they will be the Tenants in the eyes of the aw and you would not have any legal rights or security under the Tenancy, UNLESS a proviso is put in the Tenancy that you are permitted to live there.

I would not think that he is colluding with the Agent- he has nothing to gain by taking such action, and indeed, if he was happy with arranging things via the Agents, he wouldn't be asking you to do what he wants you to do. To me, it is a pure cost saving exercise for him, as if he leaves the Agent out of the loop, he saves paying them a commission in finding you as Tenants as well as the monthly admin charge the Agent would be charging him in collecting the rent from you.

I hope this assists you.

Kind Regards
AL

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