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Renting my flat problems

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stranger12
stranger12 Posts: 558 Forumite
in House buying, renting & selling
Hi all,

I asked my current estate agent to rent out my flat when the previous tenant handed their notice last month .
They found a tenant within 1 week and said he is willing to move in , after the current tenant leaves the property .

Had a call from them saying the new tenant no longer wishes to move in so they have re marketed the property . The old tenant moved out on thursday and new one was meant to move in tomorrow but called them last week wednesday saying he is no longer moving in .

Martin&co whom are bunch of cow boys are saying they have not collected any deposit etc apart from the application fee so i am now at loss while waiting for new tenant

Is there anything i could do ?

Is it not usual for them to collect some money ?
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    They do what you tell them to, they are your agent. Did you ask them to take deposits etc? It seems not.

    The tenancy had not started, as your tenant had not left, therefore no breach of tenancy.

    This is the second post complaining about Martin & Co, why not change letting agents?
  • G_M
    G_M Posts: 51,977 Forumite
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    If the 'new' tenant has not signed a tenancy agreement he is not bound to move in.

    When doing your business budget you should always allow for 10 - 11 months rent per year to allow for voids. Gaps between tenants are inevitable.

    I don't really understand your problem.

    If you are unhappy with your agent, get a new one. Here is a post that might help:

    [FONT=&quot]Letting Agents [/FONT][FONT=&quot](Tips for selecting, and tips for sacking them)[/FONT]

    [FONT=&quot]New Landlords[/FONT][FONT=&quot] (information for new or prospective landlords)[/FONT]
  • tom9980
    tom9980 Posts: 1,990 Forumite
    Name Dropper First Post First Anniversary I've helped Parliament
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    Your not cut out for this sell the flat and move on. Clearly out of your depth based on this and your other thread.
    When using the housing forum please use the sticky threads for valuable information.
  • Kynthia
    Kynthia Posts: 5,668 Forumite
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    If your new tenant had signed an agreement and then your existing tenant changed their mind about moving out, you would be liable for the new tenant's costs. So taking a deposit or getting a contract signed works both ways, therefore it's not always what LL want to do before their property is empty.
    Don't listen to me, I'm no expert!
  • ognum
    ognum Posts: 4,842 Forumite
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    This does happen, just advertise for a new tenant.

    Does your business plan allow for non occupancy? Take the opportunity to do whatever work is needed on the property, if needed get a new agent and make it a stipulation that you need a tenant that requires early occupation.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
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    It appears that the agent has acted in your best interests by not having a new tenancy agreement signed before it was clear that the old tenants had vacated. Instead of being cross with them, you should be happy that they haven't risked jeopardising your position.

    Under the circs, going from your previous thread about the dirt and damage the outgoing tenant has left behind, you now have time to get the place in an appropriate condition to be re-let.
  • stranger12
    stranger12 Posts: 558 Forumite
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    what I am upset about is the fact that they should hav collected £500 lets say and tell the tenant if you did not sign the contract then this will not be refunded.

    if they however decided to sign the contract then that money will count toward their deposit/first month rent minus the application fee

    if they did not move in then the agent will take the application fee off that and will pay me the rest of it .

    this is not illegal or anything , is it ? It seems fair to me
  • G_M
    G_M Posts: 51,977 Forumite
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    stranger12 wrote: »
    what I am upset about is the fact that they should hav collected £500 lets say and tell the tenant if you did not sign the contract then this will not be refunded.

    if they however decided to sign the contract then that money will count toward their deposit/first month rent minus the application fee

    if they did not move in then the agent will take the application fee off that and will pay me the rest of it .

    this is not illegal or anything , is it ? It seems fair to me
    A far fairer option would be for the tenant to say he wants to rent your flat, and insist that you pay him a £500 deposit.

    He can then organise his life, give notice where he is, stop house-hunting, safe in the knowledge that if you later decide not to sign the tenancy agreement he can keep the £500 to cover his costs, but if the tenancy is granted, then he'll return your £500 along with the 1st month's rent.....
  • stranger12
    stranger12 Posts: 558 Forumite
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    G_M wrote: »
    A far fairer option would be for the tenant to say he wants to rent your flat, and insist that you pay him a £500 deposit.

    He can then organise his life, give notice where he is, stop house-hunting, safe in the knowledge that if you later decide not to sign the tenancy agreement he can keep the £500 to cover his costs, but if the tenancy is granted, then he'll return your £500 along with the 1st month's rent.....

    You are very funny !!has anyone told you this?

    I don't count on the income and break if don't receive it . But I do however think there must be something in place that the tenant and landlord are both required to pay a compensation if they decided to pull out

    However in my case it will be the tenant as I have no reason to refuse to sign the contract
  • sulphate
    sulphate Posts: 1,235 Forumite
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    stranger12 wrote: »
    what I am upset about is the fact that they should hav collected £500 lets say and tell the tenant if you did not sign the contract then this will not be refunded.

    if they however decided to sign the contract then that money will count toward their deposit/first month rent minus the application fee

    if they did not move in then the agent will take the application fee off that and will pay me the rest of it .

    this is not illegal or anything , is it ? It seems fair to me

    As someone who has been messed around by landlords and estate agents in the past, I would never hand over £500 without signing some form of tenancy agreement/contract! I used to resent paying just the £100+ application/credit check fee when the cost of them to agents was minimal.

    As others have said some gaps between tenants are inevitable. If the agent found a tenant within a week the first time I'm sure you won't need to wait too long.
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