What are the rules and procedures when a tenant is found?

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22 Oct 2008 12:00 AM by Gosnold Star rating in Benalmadena. 7 posts Send private message

On the Monday of last week I had an agenct bring a client who was moving from The Czech Republic to the Costa del Sol. They were looking to rent my villa for 11 months. The client absolutely loved it but wanted to move in as soon as possible. 
The agent called me almost as soon as they had left my house to ask me for all my details so that we could get the contract sorted.
I sent all my details but told the agent that I needed references from the tenant. I also contacted my lawyer and told him a few of the things I wanted added to the contract. He was very quick as I was leaving for the short trip back to the UK on Thursday evening.
The agent continually called me insisting that I sign the contract without receiving any money as the tenant needed the contract to prove to his bank why he needed to transfer such a large sum of money. I informed the agent that I would not sign any contract without money changing hands. My lawyer also backed me up on this. Around two hours before I was due to leave after my lawyer had spent hours on the phone to the agent we managed to agree that we would sign the contract today and exchnge two months deposit. The first months rent would be due on the 1st November when we handed the keys over.
At no point did the agent get the tenants passport (apparently it had been stolen) nor take a reservation deposit. or see the references!

Today the agent has called me informing me that they cannot get hold of the tenant, he is not answering his telephone and they do not know where he is!!!! In fact he isnt going to sign

Does anyone know the correct procedue by an agent? I now have to pay my lawyers fees plus find a new tenant. Do I have any rights to claim my lawyers fees back from the agents seeing as they messed up?

_______________________
  Amanda



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24 Oct 2008 8:33 PM by Rixxy Star rating in San Pedro. 2010 posts Send private message

Rixxy´s avatar
Usual procedures is to have the tenants passport or some form of id to attach to the contract, which should be a standard 11 month one with notice to quit clause within the contract. Whatever monies as deposit and rent in advance should be paid as this is his side of the contract and fulfills the writing in the contract. The inventory should be attached as well and all the pages signed by the tenant and you or the agent on your behalf if you have given him permission to do so.

Its dvisable to submit the contract to the arbitration courts as they are quicker and cheaper to use in case the tenant defaults

To be honest references arent worth the paper they are written on as so many are leaving their jobs or are being let go, so you tend to have to go on gut instinct a bit.

I cant really see you can claim anything unless you had a specific agreement with the agent stating otherwise. The tenant hasnt signed, you dont have any money and so nothing was fulfilled.

If you are going to use a lawyer for your agreements then it will be your cost as you can just use an agent you trust (if you have one), but you could try - speak to your lawyer.

_______________________

Quite frankly m'dear, I don't give a damn!

www.herbalmarbella.com




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