Need Help With Agency

Jonj1611

Yeah definately mate,

I have spoke to the landlord in the last 30 minutes. He has said he will send everything by letter and not to pay anything to him until I receive it.

He also said any problems with the agency will be between him and the agency and I am nothing to do with it so for me not to worry about that and he will sort them out.

So hopefully that will be that.

Thanks to everyone that commented on my post, it has been very much appreciated, thank you all

Jon

G_M

G51shopaholic wrote: »

If the landord has not received any of the rent then he is entitled to take back his property from the Agent.
Maybe in scotland - don't know. But definately not in in England!
However they've gone bust.

I live in Scotland and all Landlords have to be registered ..... so what. It's not where you live that matters, but where the OP is!

QUOTE]


Hmmmmm!

G51shopaholic

OK G_M - do you mean to tell me that in ENGLAND an agent can keep the rent they collect for a landlord and the landlord is not entitled to take back his property from them?

When I said take back his property - I mean collect rent himself.

princeofpounds

OK G_M - do you mean to tell me that in ENGLAND an agent can keep the rent they collect for a landlord and the landlord is not entitled to take back his property from them?

When I said take back his property - I mean collect rent himself.

In ENGLAND a landlord never 'gives' his property to an agent, so there is nothing to take back, and can collect rent as he agrees with the tenant or serves formal notice to do so.

An agent has no control whatsoever over the property, rental payment stream or tenant other than that delegated by the landlord.

G_M

G51shopaholic wrote: »

OK G_M - do you mean to tell me that in ENGLAND an agent can keep the rent they collect for a landlord and the landlord is not entitled to take back his property from them?

When I said take back his property - I mean collect rent himself.

?????//

If a tenant (in England) has an AST (tenancy agreement) he has the right to live there till a court says otherwise. Even if rent is not paid, even if the AST fixed term has expired. The agent doesn't even come into the matter. The LL cannot 'take the property back', not from the tenant nor from the agent (though I don't see how the agent 'has' the property in the first place).

So yes, if an agent keeps the rent, the LL would not be entitled to enter the property, evict the tenant, take the property back, or indeed do anything of the like without going to court.

DVardysShadow

G51shopaholic wrote: »

OK G_M - do you mean to tell me that in ENGLAND an agent can keep the rent they collect for a landlord and the landlord is not entitled to take back his property from them?

When I said take back his property - I mean collect rent himself.

I know little about the situation in Scotland, but now you have clarified, in that respect it is not so different from England. And the role of the Agent is almost certainly the same. The Agent is as princeofpounds says, delegated by the Landlord to fulfil aspects of his role. The tenant and the landlord have a contract, the landlord and the agent have another. The contract between the Landlord and the Agent is largely irrelevant to the tenant, except for the fact that there is an agent to act on behalf of the landlord.

Westywoodpecker

Jonj1611 wrote: »

I have spoke to the landlord in the last 30 minutes. He has said he will send everything by letter and not to pay anything to him until I receive it.

He also said any problems with the agency will be between him and the agency and I am nothing to do with it so for me not to worry about that and he will sort them out.

So hopefully that will be that.

Thanks to everyone that commented on my post, it has been very much appreciated, thank you all

Jon

Glad that's been sorted amicably, nice to see.

Jonj1611

Lets hope so

Don't think the agency will be best pleased, but I am not going to worry about them, as long as the landlord gets the rent then thats all I am concerned about

Jon

Jonj1611

Just a quick quick question.

As the company is in administration and obviously the receivers have been called in, would I be listed as "owing" to the company? And can the receivers try to get money out of me?

Just starting to worry about that, as I now have a letter from the landlord stating rent to be paid to him etc. I am worried that the receivers will see me as a tenant of the letting agent and try to get the final 3 months rent out of me, I assume they can't do anything further than the 6 month tenancy agreement.

Just a bit confused now, serves me right for talking to someone about it and he mentioned it.

Thanks & Regards
Jon

Jowo_2

Your contract is with the landlord and has always been with the landlord. Your landlord has a separate contract with the agent - only they have a business relationship. The agents are mere intermediaries - you and the landlord have a legal relationship and that's the sole one you have.

You are viewing the relationship as triangular when it is not - you have a contract with the landlord, the landlord with the agent, there is no legal relationship between you and the agent.

What probably confuses you is that you've had so many dealings with the agent and they may have signed the paperwork but they've only done this on behalf of the landlord, never instead of. They do his bidding and represent him in his dealings with you. They do not replace him. Legally, they are an irrelevance to the tenants.

The best way I've heard this described to reassure tenants is that agents are the transparent window through to the landlord.

Clear now?