[How] is this even legal?

[Berberis]

I won't go into too much detail as naming and shaming is not part of SF's remit.

 

We looked at a property to rent recently which we really liked. Great house, great garden, well decorated and had everything we wanted at a price we can afford.

 

When we called the agent to ask for the paperwork to make an application we were told that due to the popularity of the property the landlord had decided to ask everything interested what was the highest amount (above the advertised price) they were prepared to pay. In effect everyone interested has to now make a blind bid. I was called back my the agent to ask what was my offer, which I declined to offer any more than was advertised.

 

The property was advertised (and still is I notice) at one price, but once you are interested they want more money. How is this legal? Is there not any code of ethics which Estate agents adhere to? i.e. not lying to prospective tenants etc?

 

Im tempted to invoice them as I took time off work to view this house in good faith.

[Gamston]

Gazumping is not against the law in England .

[Berberis]

Gazumping is not against the law in England .

 

You're confusing buying with renting. When you buy you are given a guide price. When you rent you are given just a price. Per Calendar Month (PCM) or Per Week (PW).

 

False advertising is illegal in the UK, but I wanted to know if there agent has any responsibility towards prospective tenants.

[harvey19]

In such circumstances I think the house should now be put up for an open auction with no reserved price.

[Gamston]

You're confusing buying with renting. When you buy you are given a guide price. When you rent you are given just a price. Per Calendar Month (PCM) or Per Week (PW).

 

False advertising is illegal in the UK, but I wanted to know if there agent has any responsibility towards prospective tenants.

 

It sounds very similar even though it's on the rental market . I don't think it should be legal and would have done exactly the same as you .

 

Ethics and estate agents is a bit of a grey area .

[Orzel]

Ask CAB or property ombudsman of some sort.

If they won't know they will most likely point you in right direction.

[Obelix]

It's legal because the advertised rental price is merely an invitation to treat.

 

Doesn't make it acceptable though. Shame you can't invoice them for your time and fuel in going to see it.

[Cyclone]

You're confusing buying with renting. When you buy you are given a guide price. When you rent you are given just a price. Per Calendar Month (PCM) or Per Week (PW).

 

False advertising is illegal in the UK, but I wanted to know if there agent has any responsibility towards prospective tenants.

 

I would assume that like most priced things, a 'sticker price' is just an invitation to treat.

 

It works both ways of course, if you view somewhere and consider it to be overpriced, you're free to make an offer of a lower price/month.

[LeMaquis]

Is there not any code of ethics.....

 

If you want to know if private landlords have a code of ethics see Penistone999's posts on here.

[Berberis]

If you want to know if private landlords have a code of ethics see Penistone999's posts on here.

 

I wasn't actually asking about the landlord, I meant the agent. As a reputable agent, I would have thought they would advised their client not to act in such a way, but I suppose thats a perfect world.

 

From a legal standpoint, false advertising in this case is a false/misleading price in the advertisement that and misrepresents of the property, in such a way it negatively affects any stakeholders, i.e. me as the prospective tenant/customer. Thats my understanding of the law. No amount of disclaimers or footnotes can disengage the agent from its responsibilities.

Edited November 2, 2015 by Berberis