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Pre-payment for landlord's approval

Question

Hi all,

Recently I have been looking for apartments as I would like to move. I am in Brussels. I found a flat whose agent is Century21. After we were ok with the flat and ready for signing a contract with the landlord, the Century21 guys told us that they won't contact the landlord with our request unless we signed this form and paid the first month's rent to them. The following is the form they sent us :

http://tinypic.com/r/k4tqpt/9

Is this normal? This sounds like a pre-contract to the original contract? They said we have to do this to prove that we are serious about renting the apartment? But of course we are serious, why else would we be wanting them to contact the landlord for us?

I told my husband that paying upfront as a future promise to rent the propert is ridiculous because this looks like a very one-sided 'contract' where the landlord is not even involved. And the real lease agreement is not even on the table. What are your views on this?

Anyways, I found it too shady even if it is normal practice so we found another place but I am still curious as to whether this is legal/ ok/ normal or not? For our new flat, everything went normally and the agent contacted the landlord without hesitation once we said ok. There was none of this weird pre-contract payment.

Thanks guys!

ao

I had same experience with Century21 years ago, but not with any other agency (and I've changed place several time). I believe it has to do with them securing they get paid (should the landlord become forgetful once the property is rented). I don't know how legal it is but I do find it very shady practice. The problem is that if you sign the agency contract you agree on terms of the final rent contract without seeing it, which of course is crazy. Back then I asked the agency first to send me the actual rent contract before signing with the agency and they actually first refused, then after insisting sent me the Belgian model contract, so yeah I never went for it either.

Apr 27, 2017 17:16
J

Yes, it's illegal.

Report it here:
http://www.ipi.be/

Apr 28, 2017 09:46
CC_R

Check if any other agencies are also showing that place sometime landlord use more than one if so go elsewhere and don't pay upfront until you have agreeed terms with the landlord this seems to me that they are after money from you for a service the landlord should pay for but I'm not surprised by anything like this here any more

Apr 28, 2017 10:41
anon

This is a "trick" that agencies use.

Although they're marketing the flat, they haven't actually signed a contract with the owner yet.

This way, they can present you to the owner as a fully committed tenant, and get the owner to sign a contract with them for finding you.

I'm not sure it's actually illegal, but it is very borderline practice.

Apr 28, 2017 12:37
casperisk

Hey guys,

Thanks for the responses, I am so happy I didn't go forth with it. Simply because I don't want to be giving my money to greedy agencies that have shady practices. Luckily my husband and I were in a very flexible situation with regards to moving houses. So it was not a do or be homeless type of situation, but some other couple may not be so lucky.

Now I am reading/translating through the link J provided to see what action options are available to me.

Apr 28, 2017 17:51