Agent Secured the Tenancy — Landlord Refused to Pay Commission

Background

Our client was a self-employed estate agent who had been engaged by a landlord in Tai Po to find a suitable tenant for their flat. Both parties signed an agency agreement stating that upon successful completion of a tenancy, the landlord would pay the agent a commission equivalent to one month's rent — HK$19,800.

The agent arranged multiple viewings, and a suitable tenant was found. A two-year tenancy agreement was duly signed. Shortly after the tenant moved in, the landlord refused to pay any commission, claiming the agent had "only shown the flat once" and that the work done was insufficient.

The landlord then went further, alleging they had never agreed to the commission terms and denying having signed the agency agreement at all.

How We Helped

When the agent came to us, they held the original signed agency agreement, WhatsApp records of viewing arrangements, and a copy of the completed tenancy agreement. Their main concern was that the landlord's outright denial of signing could be difficult to counter.

We helped the agent:

1. Verify the documents: The agency agreement bore the landlord's handwritten signature and date — consistent with other correspondence
2. Compile the viewing trail: WhatsApp messages clearly showed the agent arranging multiple viewings, with the landlord confirming each appointment
3. Prepare the claim form: Setting out the service provided, the contractual obligation, and the fact that the tenancy was successfully completed
4. Hearing preparation: Helping the agent present the facts concisely and prepare for the landlord's denial of the signed agreement

Outcome

At the hearing, the landlord continued to deny signing the agreement. The Adjudicator asked the landlord to explain how their signature came to appear on the document, but no credible explanation was offered. With no witnesses called and no supporting evidence produced, the Adjudicator ruled in the agent's favour and ordered the landlord to pay the full commission of HK$19,800.

Key Takeaway

A signed agency agreement is the foundation of any commission claim. When a landlord later disputes the terms — or even denies signing — the agreement itself shifts the burden of proof to them. Keeping a clear record of all communications (viewings arranged, tenant introductions, responses from the landlord) builds a timeline that is very difficult to argue against.

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Shared with the client's consent. Identifying details have been anonymised. The facts and amounts reflect the actual case.