There are certain responsibilities that a lessor has legally and these cannot be removed, even by a lease signed by all parties. These include: the nature and frequency of inspections are decided between the owner and the broker. This only applies if the owner has a home management contract with the real estate agent. Tenants must be informed of access obligations in accordance with the rental agreement, except in cases of real urgency. All rental agreements of the rental right allow agents to manage the property (if their details are provided) and contain special clauses that protect both the agent and the owner. Many agents sign the lease on behalf of their clients. In fact, unless the agent has a power of attorney, it is the owner who signs. However, I never knew that anyone had problems with signing agents (regarding the validity of the lease). The law of the agency is not well known and it is not always recognized that the relationship with an agent is legally the same as the relationship with its sponsor – the owner. The intermediary is, so to speak, the spokesperson or an extension of the owner. There are a number of things that follow from this: an officer must keep written records of the keys held and inform tenants of any access required by the terms of the lease, except in cases of actual emergency. The rights provided for by law always prevail over those established by a written or oral agreement. An agreement that states that you or your landlord have fewer rights than those given by customary law or the law is a fictitious rental agreement.
On the instructions of the owner, the broker must ensure that at the beginning of the lease, the tenant receives a sufficiently detailed inventory / check-in refining the condition of the property and / or contents. The tenant should have the option to edit and add all items by granting a final version. It is recommended that tenants keep a copy of the amended document and use the registered mail when returning the original to the agent. It is a good practice that a written rental agreement controls the following details: The agent must follow the owner`s instructions on how to conduct visits. He will record all the comments of the visits and forward them to the owner. The agent must send each resident tenant the corresponding access notification in accordance with the rental agreement. Many landlords think they have to wait until the end of a lease to change owners, but that`s not the case. If an agent has been ordered to collect the rent, he or she should have procedures in place to inform both landlords and tenants (and, where applicable, guarantors) in a timely manner of the long-awaited rent and take appropriate steps to notify rent guarantee insurers (if any). Whether the broker has been assigned to manage the lease, the responsibility for paying the rent rests with the tenant. The broker is not a party to the rental agreement, so any right to rent arrears should be addressed to the tenant, indicating his obligations under the rental agreement. . .