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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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recently i became a landlord and inherited a shop premises.

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recently i became a landlord and inherited a shop premises. I made it clear to the letting agent used by my late uncle he was and would not be my agent.
Because i have gone ahead with the tenant the letting agent arranged then they are entitled to a finders fee. he has applied to county court to claim £1000.
is he correct or can i win against him.

Did the agent have a contract with your uncle to find a tenant?

Was this in writing?

Did the agent contact he executors of your uncle's estate?

KInd regards.

Customer: replied 4 years ago.

Yes the agent did have a contract with my late uncle, in writing .

he has not as far as i know contacted my late uncles estate, my uncle lived in the usa.


Thanks for your reply.

This is very tricky. It would be good to check the agreement that your uncle had. If it stated that a fee would only be payable upon your uncle accepting the tenant that they had found then I would say that the agent has no claim because your uncle did no accept the tenant, you did.

However, if the contract is worded that if your uncle “or his successors-in-title” accepted the tenant then I would say that the agent has a claim against your uncle’s executors. If you were not the executor in the above circumstances then I do not think that the agent has a claim against you.

The executors of your uncle’s estate may have taken out insurance in respect of any claims subsequently made following administration of the estate and, if it’s the case that the agent does have a claim, then this may cover them.

My view is that it depends on the wording of the agreement and whether it states that your uncle (or rather his estate) becomes bound by a successor in title accepting a tenant that the agent has found.

You’re going to have to check I’m afraid

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Kind regards,

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