In general and unless otherwise agreed, the duties of a salesperson end after the Tenancy Agreement is signed and the property handed over. In such an event, any other service provided by the salesperson after the property is handed over is done out of goodwill of the salesperson. In some cases, after the tenancy agreement is signed, a landlord may decide to engage the salesperson to manage the property for him during the term of the tenancy. In such cases, the landlord must pay a fee to the salesperson for managing the property. It should be noted that, depending on the terms of engagement, property management may not include estate agency work. In the interests of certainty, it is recommended that any agreement for additional services, including any fees payable and the agreed terms, be documented in writing.
Although property management work carried out by a salesperson during the term of the tenancy may not be part of estate agency work, if a salesperson chooses to carry out such work for the landlord/tenant (e.g. collection of rental arrears, carrying out repair/maintenance works to the property etc.), the salesperson is expected to carry out such work properly and professionally.
[Note: Under a property management agreement, an estate agent may agree (with the landlord) to also carry estate agency work by way of arranging renewal of leases including introduction of new tenants and negotiation of terms of lease.]
If the landlord is agreeable to pay commission to his salesperson when the tenancy is renewed, the salesperson should include this within the terms of the Estate Agency Agreement entered into between the landlord and the salesperson. Reference can be made to the commission upon lease renewal clause in CEA's prescribed "Estate Agency Agreement for the Lease of Residential Property by a Landlord".
If an applicable prescribed Estate Agency Agreement is not used and the clause providing for payment of commission upon renewal of lease is instead inserted in the tenancy agreement which is entered into between the landlord and the salesperson, the salesperson may face legal difficulty in enforcing the clause if the landlord refuses to pay him commission when the Tenancy Agreement is renewed.