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What can be done at this late stage - what would I be liable for

2 replies

Augustwashout · 31/07/2017 17:40

I inherited a property in May - a commercial shop and it was with an agent to find a tenant.

I have not signed anything with the agency. My Late DF did.

A tenant was put forward in late April /May and I discussed it with the agent. HOwever I realise now he has not actually ever given me advice.

I asked in May " do you do credit checks, references etc" and he responded " Yes, we do CC and references to make sure they will be a good tenant"

Since then it moved forward and now we are at draft lease stage, her solicitors are being very demanding and pushy on lots of point. I have however now found out the agent has not actually done a bloody thing with regard to cc etc!

He has put me off - been vague and only after seeing advice feeling something was not right he has now admitted there is NOTHING. So heads of terms ie me kindly not demanding lots of rent up front or a deposit, or being OUT the LL act. were based on NOTHING.

He has then had a panicked call with me saying " bank statements mean nothing they could have lots of money in there but still fail..." then he said the tenant was going to be her own guarantor, then her mum...no mention of their actual ASSESTS!

I have asked for a concession to be put to her ie being out the LL act and she said no.

So, at this late stage - this woman has apparently left her job thinking she would be in my shop next week, what can I do.

Her renting my shop will affect my tax credits I will come off them, meaning if she defaults on her rent, I have no food shop money.

Can she sue me? Can the agents sue me? It says in their terms to my dad ..." a suitable tenant who is ready to sign the lease"....

what can I do? Will everyone sue to me if I back out now! I imagine I will be liable for my solicitors lease fees....but surely the agents have acted disgracefully! I feel stuck Sad

OP posts:
NameNumber2 · 31/07/2017 17:45

I am not a legal professional but do have quite a lot of work involving leases for my boss who is a landlord. You will not be liable for anything unless an agreement for lease has been signed.

To give you comfort you could ask for a very large deposit e.g. 9 month rent so that you have that comfort if you still want to proceed.

Give the agent notice that you no longer wish them to act in respect of this property.

I come across a lot of people who want to rent premises who only enough cash for one months rent a personal guarantee may well be worthless in this case.

Augustwashout · 31/07/2017 19:50

I am worried the agent will say they found me a good tenant and charge me their 1 grand fee.

I am worried hte tenant will sue me - and their solicitor and i assume my own will want payment!

OP posts:
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