Need Help With Agency

Jonj1611

Hi,

I am 3 months through my 6 month assured shorthold tenancy. I had a knock on the door last night and the son of the landlord came to visit(landlord lives abroad).

He said that the agency through which I pay the rent has gone bust and that I should pay the rent direct to his fathers account. No problems with that I thought, I don't care who I pay as long as the rent is paid.

So just to be sure and because of scams etc I want to check the housing agency this morning. It was all shut up but someone was in the office, I spoke to them and just thought I would check the situation. They told me the landlord can't do that and I have to pay money to the agency. The agency is in administration and because I have a contract with them and the landlord has a contract with them, its them I need to pay.

Where do I stand here? I haven't done anything wrong but I am stuck in the middle, do I pay the agency or the landlord? Apparently the landlord hasn't received last months money from the agency, which I guess is why they came around. The landlords son said they are changing the agency and I would get a new contract, though he did say my current assured shorthold tenancy is null and void, something I wasn't to sure about.

So what do I do? Pay the agency or the landlord, if I pay the agency I may annoy the landlord and he may look for a new tenant at the end of my tenancy, I cannot afford to move again I promise you, or pay the landlord and more than likely get invoiced for April/Mays rent plus any charges they care to add.

Really stuck here and my head is spinning, can't get through to CAB so dont know what my options are or where I stand legally.

Jon

princeofpounds

The agency is in administration and because I have a contract with them and the landlord has a contract with them, its them I need to pay.

It's very very very simple.

You do not have a contract with the agency, you have one with the landlord. If you look at your AST it may be signed by the agent, but this is only on behalf of the landlord.

If the landlord wants to change the arrangements for payment then you should acquiesce, as your contractual obligation is to ensure he gets paid rent.

Whoever you spoke to at the agency was either ignorant (quite possible) or lying to you.

However, before you make any changes, you should get a signed letter not from the agent, not from his son, but from the landlord ONLY. You should also get receipts and/or a bank record of any payments you make.

A final point - if your landlord lives abroad and he does not have an agent in the UK then you are reponsible for deducting tax at source for HMRC. It's a stupid rule, many people don't know or don't follow it, but it is the rule. You can get around the rule by him nominating another UK based agent. His son will do. You just need everything recorded and above board.

Jonj1611

Hi,

Thank you for taking the time to reply, is from what you said legally sound? I mean if I do not pay the agency and I do go ahead and pay the landlord, can I be forced to make any payments to the agency? Basically I am more worried as my father went guarantor for me when I went through the agency and didn't want him or myself to incur any charges.

I do notice the tenancy agreement does have the landlords name on it care of the agencies details.

The agency is UK based, just down the road from me, and the new one will be too so no worries on that front.

As I said just been panicking about this as doing the right thing which is paying the landlord is easy, but doing what is legally right is the hard part.

Jon

Wee_Willy_Harris

Jonj1611 wrote: »

Hi,

The landlords son said they are changing the agency and I would get a new contract, though he did say my current assured shorthold tenancy is null and void, something I wasn't to sure about.


Jon

Utter twaddle... there... Now you ARE sure!

Wee_Willy_Harris

Jonj1611 wrote: »

Hi,

Thank you for taking the time to reply, is from what you said legally sound?
Jon

I agree with the information provided by princeofpounds. Legally, your contract is with the landlord. HE has a contract with the LA, not you. If HE breaks the terms of HIS contract, that is a matter between him and the LA, not you.

Jonj1611

Thanks for replying.

Obviously this situation has put me in an awkward position, as all I want to do is pay the rent, and seem to have got stuck between the agent and the landlord.

On one side I have the landlord saying pay the rent direct, we will sort out a new tenancy agreement etc and on the other the agency saying I have to pay them, I have a contract etc etc.

Its a nightmare!

But thank you for taking to the time to respond, its really appreciated

Jon

Wee_Willy_Harris

Jonj1611 wrote: »

Thanks for replying.

Obviously this situation has put me in an awkward position, as all I want to do is pay the rent, and seem to have got stuck between the agent and the landlord.

On one side I have the landlord saying pay the rent direct, we will sort out a new tenancy agreement etc and on the other the agency saying I have to pay them, I have a contract etc etc.

Its a nightmare!

But thank you for taking to the time to respond, its really appreciated

Jon

If it helps you to decide who to pay the rent to..... It's landlords who evict.

DVardysShadow

Jonj1611 wrote: »

Thanks for replying.

Obviously this situation has put me in an awkward position, as all I want to do is pay the rent, and seem to have got stuck between the agent and the landlord.

On one side I have the landlord saying pay the rent direct, we will sort out a new tenancy agreement etc and on the other the agency saying I have to pay them, I have a contract etc etc.

Its a nightmare!

But thank you for taking to the time to respond, its really appreciated

Jon

No. NO! you do NOT need a new contract! A lettings contract is with the Landlord. Agent means 'someone who does something on behalf of someone'. The Agent is the Landlord's Agent and the contract with the Landlord still stands.

Sunshine12

Whatever you decide to do, get it put in writing before you change anything!

Jonj1611

Thanks for the reply, its nice to see people willing to help, yet another great reason for using MSE

Anyway, so is the agent possibly fibbing by saying that I have a contract with them and that I NEED to pay the agent?

Obviously as a consumer this is a disaster lol. I thought my week started bad, this is just the icing on the cake.

With so many pitfalls and loophools and legal things in tenancy agreements and housing issues, its never easy to work out the right way to go.

I think from what I have read, that I will pay the landlord directly, assuming I can get it in writing from him of course.

Thanks again

Jon

bebewoo

What everyone else has said is correct. Your contract is with the landlord, not the agency. You should pay the landlord his rent directly.
The agency is lying to you, you have no contract with them. They are trying to scam both you and the landlord whilst they can because once they have shut up shop nobody will be able to get their money back.