Just caught tenant moving out without telling me..

clutton_2

""they only pay us what the tenant pays them"" - that is a perfectly legitimate way to run a lettings agency

simpywimpy

I guess the moral is put it down to experience, sack the agent, get the keys back asap (to prove abandonment) and get new tenant in with the appropriate advance rent

Thanks everyone for your help and listening ears

simpywimpy

Hi clutton, I realise that payment arrangement is above board but what I meant was that there is going to be zero responsibility on the part of the agency for my loss here, even though I was not aware at the time of the tenancy that no deposit was being taken. I didnt get a copy of the AST until about a amonth ago after requesting my own copy.

Jowo_2

simpywimpy wrote: »

I guess the moral is put it down to experience, sack the agent, get the keys back asap (to prove abandonment) and get new tenant in with the appropriate advance rent

Thanks everyone for your help and listening ears

How much rent are you owed?

As a novice landlord, you've had a steep learning curve by having both a rogue agent and a bad tenant.

99.9% of landlords would never dream of handing over keys before payment of rent and the deposit after satisfactory screening has taken place - that's the absolute basics.

There's nothing that will thrill a bad tenant more than managing to skirt round this - they consider anyone that does this a complete sucker. My only surprise is that the tenant has flitted before substantial arrears have built up - a pro tenant knows that they can stay for many months without paying a penny and they often remain until a court order is gained.

Having a LHA tenant with a guarantor is the preference of many landlords due to the risk of arrears that come with paying the benefit directly to the tenant who receives virtually no sanctions from squandering it rather than paying the rent with it.

But come tomorrow, there will be a new thread on this forum along the lines of 'I'm a LHA tenant but I'm shocked to discover that there are no landlords who will give me a tenancy'.

socrates

simpywimpy wrote: »

I think we have someone interested but as their house is sold they would need to move this weekend, hence the question about getting the existing woman out sharpish seeing her furniture has all but gone already.

Just looking through the AST now and it clearly states that rent is payable in advance yet the agency told me when I enquired that because she is on benefits she is paying 4wks in arrears

Other than the normal wording, there is nothing in it that says anything about the responsibilities of the agent at all.

Firstly why on earth would you pay an agency to find you a tenant who is on benefits

Secondly I would contact Housing Benefit directly and get them to put the claim on hold. That way at least she cannot get her hands on any more money. Try to get them to pay this to you. It may also delay any other claim she is pursuing until the matter is sorted.

It sounds to me like the agency may well have thought they could get the money from her (as she is paid in arrears) and tell you that they cannot get a penny as she has disappeared.

They may even be moving her themselves to stitch up another inexperienced landlord.

Housing benefit tenants are not for inexperienced landlords - in fact tread carefully even if you are experienced.

That said I prefer them to private tenants as long as you are 'on top of things' and know all the 'manoeuvres'

clutton_2

""even though I was not aware at the time of the tenancy that no deposit was being taken""

why did you not discuss these matters with the agency before agreeing to use them - did you not read their T&Cs before signing their agreement ... ?

tbs624

Simplywimpy - before you do anything else get yourself signed up to one of the national LL associations and/or Landlordlaw ( run by specialist LL&T lawyer) Membership fees are tax deductible, you'll get discounts on your LL insurances and plenty of useful guidance.

Just as there are Ts who can spot a newbie LL a mile off, so there are LAs possessed of a similar skill. My suggestion would be that no-one ever just leaves a property rental up to their LA - trawl the small print in both the contract you have with the LA and the one that your T is expected to sign, familiarise yourself with your full legal obligations as a LL and make sure that the LA knows *exactly* what you expect from them. *Any* Tom, !!!!!! or Esmerelda can set up as an LA - no quals, no training, no expertise, & frequently no common sesnse & very little personal charm either.

As Silvercar says, you need to get written confirmation that your existing T really is giving up the tenancy & you can then make a decision on whether you want to try to pursue her for the costs incurred by any void period until you can get a new T in.

On the AST date issue, the contract will presumably say "for a Fixed Term of 12 months" and as it's clear that no contract can end before it starts, it can be established that the tenancy was intended to run for the full 12 months. There may be other documents supporting this - the original advert, or a letter from the LA to the T, for example.This error could have been picked up by you if you had insisted on receiving a copy of the AST as soon as it was signed, so maybe you can use all of this as a learning process for future lets.

Agree with Socrates that you should notify the LHA office, plus the C Tax office and utility providers as there may be bills for accrued debts to be forwarded to the T.

Write to the LA formally ending your contract with them & list out all costs incurred because of their incompetence.

In the unlikely event that this LA is signed up to a code of conduct with NAEA, NALs , OEA, ARLA etc , you can make a formal complaint about their apparent incompetence. Once you've dealt with the tenants, old & new, you may wish to also notify the local LL association and post your experience up at www.allagents.co.uk.

franklee

Just caught tenant moving out without telling me..

Was the agent supposed to be fully managing the property or not? If they were then the tenant, if she told anyone, would have told the agent she was leaving, not you.

It seems odd that the story is she just decided to move on the same day as moving her furniture out - I don't believe there was no advance planning if only to line up somewhere new. So I'd be asking the agent exactly what went on before making any reports to the LHA .

Also the lack of deposit taken is clearly down to the agent, again what were they up to?

I wonder if the tenant is still on their books at the new property she has now moved to and if so did they give her a reference or "forget" to take references again?

debrag

I hve LHA and had to pay a deposit and rent in advance, not that the LA actually past anything on to the LL or did any checks on me.

maninthestreet

No deposit? You let a tenant move into the property without paying a deposit beforehand?