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Landlord moved agencies - new agency aren't taking our money!
earledawes
Posts: 38 Forumite
Hi there
Has anyone any advice here please?
My landlord switched his rented properties over to a rival letting agent recently.
We paid all our rent via standing order to LA number 1 for 18 months until the landlord moved agents four months ago.
Since the move four months ago, I have contacted LA 2 about paying them the rent instead. First they had no clue about it, said they would "be in touch before the next month", next time I enquired about 6 weeks after (via our Landlord) he said LA 2 were updating their banking system and would be in touch with us soon to pay them.
So far I have 4 months of rent backed up in a seperate bank account.
It turns out that LA2 ARE paying my Landlord the rent but not collecting it from me.
I'm wondering where I stand on this really as I have not signed any contract with the new agency. Does this put me in rather a handsome position? Does anyone know if they are legally able to claim the rent from previous months? If I don't sign anything then am I able to walk away with 4 months' rent nicely accumulated in my savings account?
Cheers all
Has anyone any advice here please?
My landlord switched his rented properties over to a rival letting agent recently.
We paid all our rent via standing order to LA number 1 for 18 months until the landlord moved agents four months ago.
Since the move four months ago, I have contacted LA 2 about paying them the rent instead. First they had no clue about it, said they would "be in touch before the next month", next time I enquired about 6 weeks after (via our Landlord) he said LA 2 were updating their banking system and would be in touch with us soon to pay them.
So far I have 4 months of rent backed up in a seperate bank account.
It turns out that LA2 ARE paying my Landlord the rent but not collecting it from me.
I'm wondering where I stand on this really as I have not signed any contract with the new agency. Does this put me in rather a handsome position? Does anyone know if they are legally able to claim the rent from previous months? If I don't sign anything then am I able to walk away with 4 months' rent nicely accumulated in my savings account?
Cheers all
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Comments
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I'm wondering where I stand on this really as I have not signed any contract with the new agency. Does this put me in rather a handsome position? Does anyone know if they are legally able to claim the rent from previous months? If I don't sign anything then am I able to walk away with 4 months' rent nicely accumulated in my savings account?
You NEVER sign tenancy agreements with agents. You sign them with the landlord, who contracts with an agent. Him moving agents changes nothing for you at all in a legal sense.
The legal position is this - you have not paid the landlord the rent. That is not your fault so you wouldn't be evicted for it if it came in front of a judge - you could just hand it over on the spot.
The fact that the agent is handing cash to your landlord is irrelevant. As far as the law is concerned they are doing this for their own reasons and they are most certainly not 'paying it for you'.
The cheekiest you could be is that when the agent comes asking you for the money you could say no. The landlord would then have to sue you to get it. But he is unlikely to care as he has the agent's money. Until the agent sues your landlord to get it back, at which point the landlord WILL be motivated to come after you.
Keep the money separate and pay when asked to. It's not just a legal thing but an ethical one too.0 -
Thanks princeofpounds, very helpful answer, especially the legal thing at signing with the landlord.
The money is safe for now, however, hypothetically...if you were to choose a colour at random, say.... red or black, which would you choose...?
just kidding... 0 -
:rolleyes: You are contractually obliged to pay your rent on time - if you have had written confirmation from the LL of which LA is handling the "management" of the property what's to prevent you from sending a cheque?
As it stands now, write recorded delivery, to both the LL and LA2, and state clearly that as you have not been given the necessary new information to continue to pay by standing order you have the rent held until such time as they provide it. Keep a copy.
The games people play........0 -
My recommendation would be to detail in writing your willingness and efforts to pay to both the landlord and new letting agency, sending the letters recorded delivery and then sit back and leave the ball in their court.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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Thanks guys but if I leave the ball in their court then what if they don't follow it up, as they have not done for 4 months after 2 enquiries from me and 1 from my landlord? The longer this money stays resting in my account (in a Father Ted style) then the more thoughts I am going to have about spending it instead!
One would have thought a well run business would ensure that collection of monies to be a top priority...especially with a new customer and new tenants. They just don't seem bothered and I cannot for the life of me understand why they apparently have no interest in taking my money.0 -
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do they have an actually office that you can walk in and talk to someone? This might be more productive than sending letters, this is what I have found anyway with our letting agency.
I second FireFox's post, and as for not spending it, well just don't! I really think that could massively backfire on you since, as others have said, you are obliged to pay this. Just let it accumulate and have some restraint!
oh and the person who said about a cheque - you would have to find out the right business name to make it payable to - the name on our standing order is pretty different to the name of the firm!0 -
Thanks all, ATM I still have the money resting in my account .
In a further twist, it seemed my contract expired in 2008.............
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earledawes wrote: »
No that was merely the date when you contract became a periodic contract (a month to month contract) with the same terms except for notice (1 month for T, 2 months for LL).0
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