Being stitched up by tenat and agent-need advice

sue_balu

I have some experience as a BTL landlord.
Your tenants are legally contracted to pay you the full 6 months rent but
In your situation I would agree to the tenant terminating at whatever date suits them, you return the deposit once they have vacated and you have inspected the state of the place. If necessary you could do this in cash on the day as they are leaving the country (good riddance?) Try to get a couple of well built friends to go with you so you feel more confident - even if they stand on the pavement nearby. Of course the tenant will then realise they will only get it back if the property is not wrecked and dirty.
Do not allow them to deduct rent from the deposit sum.

It is not worth getting yourself in any more stress with these people.

I would not be bulldozed into taking any more tenants from the first EA nor the new one who sounds just as bad.
Perhaps post elsewhere on here to find a decent, recommended EA in your area. If they are all the same (bad) then I would try to find tenants myself rather than be conned and pay a heft commission for it.

In any case, always insist on seeing the references and credit checks yourself and if in any doubt take 6 months rent in advance.
I feel its better to get genuine decent people paying less rent than dodgy ones - if its possible to tell- paying top whack. I would try to speak to previous landlords if at all possible.

I only use EA to find the tenant and manage the property myself as its not usually much hassle, I find.

Good Luck with it - do let us know how you get on.

Kaminari_2

Make sure you know what you are doing inside out if you take on the property yourself, join the landlord forums and associations. There are professional companies like homelet that can do reference checks for you.

Our previous landlord has no idea what she is doing, we didn't get gas safety certificates and they took three months to fix a leaking roof that was playing havoc with the electrics and caused a whole wall to be covered in mould that i just couldn't get rid of (ruined some of our furniture as well). We lived like that for a year, we wrote them a letter giving two months notice which they ignored and moved out. We are just waiting for the fall out now, we didn't follow the rules completely as we did not complete our full contract but we couldn't put our health and safety at risk anymore.

I am a landlord as well and can tell you that what is happening does happen, not all the time, but you will come accross it while owning B2L's. You just have to keep on the ball and know exactly what the plan is and what your rights are. You should have a plan formulated and spring it into action as soon as the rent is not paid.

Kaminari_2

Also if you know what your responsibilities as a landlord are you will have more of an idea of what the EA should and shouldn't be doing.

And remember!! The EA is a business and you are their customer, if you don't like them or don't feel comfortable with them don't use them. In london there are plenty more EA that will be more than willing to take it on.

clumsycloggs0305

Right, to summarise:
we went yesterday by appt to provide a drafted template to tenant asking her toread and sign and bring when she vacates tomorrow. As she does not undertsnad english she threw it in our faces...thing is we do not written notice as that was ll we are trying to obtain.
Ended up speaking by phone to her interpreter (doesn't live thereand was at his house, I assume). He used threatening language, and it went on and on. basically what he was saying was that if we do not turn up with the full deposit in cash, she will not move out. I kept calm and managed the situation, and said we'll meet outside the flat on fri at 2pm.
Today I spoke with agent and managed to use him and his office a mediator (as previously said they had nothing to do with it at all). So tomorrow we are meeting at agents office, then going to inspect the palce and try to hand the deposit back. I am so hurt of the fact that we have been ripped off by the agent with the advanced fees. The interpreter didn't even stand to reason that the least the tenant can do is leave that amount with us. He wants the full 900 back and doesn't care how.
I spoke with the interpreter today as I realsied the tency agreement was signed by both tenants so legally I need both their signutures to confirm they are leaving on their on accord. While he was trying to explain, it slipped out of his mouth that the male tenat has been deported and that he had no time to arrange for a notice to us...I was so shocked to hear this, but didn't repeat what he said.
So now I think I can piece this up...he has been deported, she is on the run fearing deportation as well...she needs the money to fly to brazil to get away...last weekend when we qquestioned her, she claims is has come here on a student visa, when we asked her to show her student ID, she couldn't. Instead, she began panicing and asked us to leave so we did. She seems to be running all the time like she fears something. We feel her weak point is she needs the money to get away...PLEASE ADVISE HOW I CAN DEAL WITH THIS. I am so angry that innocent people like us who work to make a living become victims. I really dont want to keep her deposit but feel I need to cover my losses, help!!Should I report her to immigration or the police? If so, what are the implications? Will they take me seriously?

MarkyMarkD

I don't see that you should bother refunding the deposit. If there's a realistic chance of her getting deported (or even taken to a detention centre) then your property possession problem is solved without her stealing your deposit.

Or is that a bit dodgy?

clumsycloggs0305

The cheek of it-the interpreter has called at 10pm!! Saying they'll be problems with the male tenants signature in obtaining it from brazil. I explained that I need this otherwise they'll have to stay on until such time when he can fax a notice to the UK. They want cash deposit, however I feel scared to walk the high st with 900 cash in my pocket, so when I suggest that I ask the local police for an escort, the interpreter said, "if there any police involved, there will be trouble". This confirms my suspiscions that she is running from something. So I said" why should you worry, all I am doing it for is my own protection to the agents office". Then the daughter aged 14 comes on as says either you pay us the money or we'll stay until 8th Sept (when they fly out). And the phone was cut off...I was it tears throughout, why are these people stressing me so much, I really feel revenge and would feel satisfied if she is deported.

I'd like to say sorry to any Brazilians reading this as it is not intended at you. Its the small minority that make it worse. I have been on holiday to brazil and think it is an absolutely beautiful country with lovely people and would nver say no to going there again....

royalsteve

clumsycloggs0305 wrote:

As FTB for BTL, we recently purchased a 2 bed flat. Agent we bought from found us tenants straightway and signed 6 month contract. 3 months in, the tenant calls to advse because of a death in the family, they need to leave to go to brazil. The agent took 6 mths advance fees from the holding deposit being £512. Now we said to tenant as a breech in contract we are entitled to retain their deposit to which things have gone sour. They should be leaving on 21st July, but said they'd stay on 1 month to get their moneys worth. Having approached the agent, he says nothing can do, and best to let them go before they cause damage. We are trying to recover the 3 months advance fees from either tenant or agent, but tenant will not leave until return of full deposit. this is a real issue and we are very stressed at our first experience. Aother agent suggest we forwarrd date the chq and cancl the cheque a few days after they have vacated. Really need sme recommendations from experienced BTL landlords as we feel we are robbed of commission through on fault of our own.

We plan to rent out though another agent but he too is really pushy into taking on tenants when refs havnt been checked etc, and we need to sign up to 1 year so he will take 1 yrs commission in advance and he will not negotiate. we are worried that the EA may know the real truth of the new tenants but in order to house them, and earn his commission we are being pushed into it. General question-should a tenant hand notice at previous landlord prior to agreeing terms at new place? Or is that just EA chat to make the ssituation look good?

Give them a cheque from an account with no funds....hehe - only cost to you is the cost of the cheque....

royalsteve

clumsycloggs0305 wrote:

Really appreciate all the advice, keep it coming.

I found a Notice of Terimination of Tenancy (by Tenant) example on the Net and will try to get the tenant to complete this by apoointment tonight. Should we also write up a separate notice, acknowlwdging the tenants notice and mention the return of the deposit and both parties sign this doc on full vacant possession?

I couldn't sleep last night as I am so worried now. Both about the current tenants and the proposed new ones. YOu know when you know something isn't right and that you seem to have no control over the situation...?

The current tenants - husband flown to brazil and left a wife, a 14 yr old and a young kid to deal with things. She can't speak english so has some representative who is using threatening and bullyinh tactics with regard to the deposit.

I too dont believe their is a death in the family as why can they stay for another month when they have booked tickets for 31st july? seems they are lying. The lady is here on a student visa but when we asked to see her college documents she could not produce them...and she works as a cleaner... so why do EA throw people like this at innocent landlords?

I am about to move to a new house and rent out my current house but this experience is making me re-consider my options...the EA says its rare this happens, is this really true. I can't believe a word that comes out of EA's now - sorry to any EA's reading this, but they are the most full of *hit people I've come across...

I would also get heavy with the Letting Agent as they clearly havent done a good job vetting them.....then after they settle with you perhaps even change to another one....kinda 2 fingers to the LA.

royalsteve

clumsycloggs0305 wrote:

The cheek of it-the interpreter has called at 10pm!! Saying they'll be problems with the male tenants signature in obtaining it from brazil. I explained that I need this otherwise they'll have to stay on until such time when he can fax a notice to the UK. They want cash deposit, however I feel scared to walk the high st with 900 cash in my pocket, so when I suggest that I ask the local police for an escort, the interpreter said, "if there any police involved, there will be trouble". This confirms my suspiscions that she is running from something. So I said" why should you worry, all I am doing it for is my own protection to the agents office". Then the daughter aged 14 comes on as says either you pay us the money or we'll stay until 8th Sept (when they fly out). And the phone was cut off...I was it tears throughout, why are these people stressing me so much, I really feel revenge and would feel satisfied if she is deported.

I'd like to say sorry to any Brazilians reading this as it is not intended at you. Its the small minority that make it worse. I have been on holiday to brazil and think it is an absolutely beautiful country with lovely people and would nver say no to going there again....

when they leave, change the locks....just in case.

wisbech_lad

Ouch. They have a contract with you - which they are about to break. Ignore them until such time that they don't pay the rent, then apply to the courts for repossesion. Presumably you have landlords' legal insurance?

If they stay till the 8SEP how much will you lose vs returning the deposit? On balance, might be best to just let them stay until the 8th.