20180925 (Tue)
Can you continue to ask your agent to deal with the landlord? Despite that you have paid and signed the agreement – deal is sealed?
What is important is legal possession and not physical possession. Usually legal possession comes before physical possession. Although tenancy usually starts by taking vacant possession, it is not necessarily so. A signed tenancy agreement might specify the time of actual handing over in a future date. In such case, the agency contract is completed ahead of the commencement of the tenancy contract. This is called future or executory consideration of the tenancy contract.
One thing that the tenant and purchaser has to be aware of in this future contract is that the money paid are all consideration paid. It is NOT refundable unless specified in the agreement.
You can rent a house in a future date. Similarly, you can also buy a house after a certain date. As long as it is agreed by both parties, and the contract is unconditional, it is a binding contract. However, when things happen before the future date, like tenant suddenly demands a new TV?
Is that the duty of the agent to request for the TV from the landlord, or the tenant should demand it directly from the landlord? Is it indeed NOT his job after all he is paid for?
There can be much time before the property is delivered. As far as the contract is concerned, it has been completed and all are unconditional. What is post SPA or TA is NOT within the scope of an agent’s duty. Legally, it is between owner and purchaser/tenant directly. The agency relationship has come to a completion.
Standard 4 of MEAS says:
4.2.3 If the sale and purchase agreement or letting or leasing agreement is unconditional, the estate agency fee is due upon signing of the sale and purchase agreement or letting or leasing agreement.
That is why the fee is paid. It has come to completion.
