Agents who are also the landlords of the properties they are showing must declare their status as the landlord or the relationship (such as a relative) between the agent and the landlord during the first viewing of the property.
Renters must be given a choice.
Read more in "Why your agent shouldn't also be your landlord".
Renters must be given a choice whether to deal with a mostly-neutral party who is an agent, or directly with the landlord, who has very different interests in the property.
This petition is asking for:
Consequences of not disclosing agent-landlord relationships:
- Agent-Landlords may use their agency's letterhead for the transaction to create the letters of intent (LOIs)and tenancy agreements (TAs), making these documents look more legitimate.
- Agents renting out their own property may not file that transaction with their agency.
- Agent-Landlords can choose not to use the standard agency template and modify the LOIs and TAs to their advantage.
- The Council of Estate Agents (CEA) has rules and regulations for agents to follow.
- If the transaction is not filed, that agent-landlord is not bound by the CEA rules.
- There won't be a middleman between the tenant and the landlord who does not have vested interest in the property if there isn't an agent, who only receives a one-time commission and does not handle the two-month security deposit.
Read more in "Why your agent shouldn't also be your landlord".
Renters must be given a choice whether to deal with a mostly-neutral party who is an agent, or directly with the landlord, who has very different interests in the property.
This petition is asking for:
- Agents who are showing their own property during a viewing must disclose their status as the landlord during the first viewing.
- Agents who are relatives of the landlord must disclose their relationship with the landlord during the first viewing.
- This disclosure can be face-to-face, verbally during the first viewing, or via text after the first viewing, BEFORE negotiations start.
- Agent-Landlords must not use their agency's letterhead unless they intend to file that transaction.
- Agents-landlords who fail to do so must have their license suspended for three years and be put on a list of errant agents for the public to search.
Consequences of not disclosing agent-landlord relationships:
- Agent-landlords can modify the LOIs and TAs to their advantage, potentially duping unsuspecting renters who are not savvy or have never rented before.
- Landlords hold the tenant/s' two month deposit. They can choose to hold the deposit after the lease has ended. Refer to our article on landlord scams on expats.
- To retrieve their two month deposit, tenants are at the mercy of the landlord. Their only recourse is to file a Small Claims Tribunal, which will take months and hours of work building a case showing they have not damaged the property.
- Agents not related to the landlord for example, however, will work with the tenants and the landlord perform a handover according to market practice, rules and regulations and in turn, return a fair amount from the security deposit to the tenants.
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