Is their an official landlords authority?

caleb2003

I am renting out my property in the UK whilst living overseas and am doing this through an estate agent but since the tenant has moved in I have received only a small amount of the rent due to me from the agent who does not answer emails or call me back.

Is their an official body I need to speak with as I'm not sure where I stand and wether an official notice has to be given to the EA.

Any help greatly appreciated.

Cheers

MX5huggy

No "offical" authority but go on http://www.landlordzone.co.uk/ for more advice.

Is the agent a member of ARLA? look on ARLA's website.

N79

If you are overseas then the agent should be witholding tax from the rental income they pay. If you want to receive the gross rental income then you need permission from HMRC. This is easy to get. HMRC will then authorise the agent to pay you the gross rental income.

You also need to have served a S48 notice on the Ts. Check with your agent that this has been done correctly.

This does not excuse them not answering the phone though - that is more like the actions of a poor agent.

mlz1413

ARLA is an offical letting agent authority, but no LL authorities unless you are in Scotland and I think that is a register rather than a governing body. If I'm wrong I apologies to TBS624 and all others in advance!

Is the LA part of a chain? can you contact a head office?
If not do you any contacts in UK that can go into the LA for you?
Last resort can you contact tenant and advise them to pay you direct?

tbs624

Caleb - how long have you been with this LA? Have you got a formal contract with them - if so, check back through the small print. If they are not communicating with you over this, how do you know that they are (a) making sure that they comply with all relevant legislation/regs on your behalf and (b) doing right by your tenant?

Write formally to them requesting a full statement of account - you are entitled to see this.It may be, as N79 says, that the LA is deducting tax - see here for more info. You could write to the T, asking whether they have experienced any difficulties with the LA, whilst awaiting a reply from the LA, but if you arranged to receive rent direct from the T then, unless you have registered appropriately with HMRC, the T would also be obliged to deduct tax on your behalf.

Following N79's comments, as you are out of the UK you'll have to have a UK address under S48 of the LL & T Act 1987 - this doesn't have to be an LA, just someone who is prepared to receive notices and act in general as an "agent". If you don't have this then no rent is due from the T until such time as you do.

There is no "official body" for LAs. Currently anyone - yes, anyone - can set themselves up in business as an LA, handling £ thousands in property & deposit/rent money.

ARLA, OEA, NALs etc provide a form of self-regulation within the lettings industry, however, IMO membership is no guarantee that you will not have difficulties with your LA, it simply means that there is a basic code of practice to which the members should adhere. Even if your LA's letterheads indicate that they are members of one of these, you should always check via the organisations themselves.

As mlz1413 says, it may be useful to get someone in the UK to pay the LA a visit in person, and/or check if there is a head office (some LAs are franchised, and you may have to push harder, as they sometimes tend to bounce complaints back down the line.)

caleb2003

Thanks everybody for all the helpful points.
I certainly did not realise that I had to provide an address (if renting privately) but have someone available to help their.

The LA is a relatively new firm in the area but has many properties listed (on their website and on Rightmove). I have received a contract from them and have sent it back but have not recieved confirmation of it in their posession.
I personally do not pay UK tax but am taxed in my country for 'overseas investments'

It is pretty poor that there is no licensing or registration in the UK for letting agents as there are in other countries.

Looks like I will have to ask my BIL in the UK to physically go down. (Will I have to give Power of attorney or whatever to him so he can deal with this?)

mlz1413

I'd send him and the LA an email (for speed) to say you authorise BIL, then back that up with a letter to both of them.

N79

caleb2003 wrote: »

I personally do not pay UK tax but am taxed in my country for 'overseas investments'

You have a UK tax liability on your UK rental income, wherever you live in the world and whatever your resident status. If you are non resident then avoiding actually paying any tax is simple but note you need HMRCs permission to get the rental income payed gross.