Threats from a letting agent

Green_Jelly

Hi,
I am currently renting a property which I have been in for over two years. It was originally let via a letting agent, who was collecting the rent on behalf of the landlord.

In the original contract the landlord is named, and the letting agent is listed as the agent.

It was a shorthold tenancy, which was not renewed and is now (I believe) a periodic tenancy.

A dispute has arisen between the agent and the landlord, who are both telling me to pay the rent to them.

I have been contacted by the letting agent, who has threatened to sue the landlord and to get me evicted, if payments are not made to the agent.

Obviously it puts me in a difficult position, as I cannot pay both of them.

I believed that the contract was with the landlord and that they had a separate contract with the agent.

The agent tells me that my contract is with both of them.

My opinion is that the agent is having difficulty pressurising the landlord and so is just trying it on with me, but I would really appreciate any input from you guys.

Many Thanks.

FTBFun

In the original contract the landlord is named as such, and the agent as the agent. Assuming you didn't sign a new one and your tenancy rolled over into a periodic tenancy, IMO this is unchanged.

I would write to the landlord, using recorded delivery, informing him of the agents actions towards you, and clarifying that you will paying the rent directly to him.

mynameisdave

I would guess that if the LL has instructed you in writing (although "in writing" may not even be necessary) that the agent is no longer acting for them that you should pay the rent to him. Any dispute between the LL and LA is none of your concern and the LA should not be threatenting you with eviction. As far as I know they have zero chance of evicting you without the LL consent.

lynzpower

I take it this letting agent is not a member of ARLA?

Green_Jelly

FTBFun wrote: »

In the original contract the landlord is named as such, and the agent as the agent. Assuming you didn't sign a new one and your tenancy rolled over into a periodic tenancy, IMO this is unchanged.

I would write to the landlord, using recorded delivery, informing him of the agents actions towards you, and clarifying that you will paying the rent directly to him.

Thanks. Is the agent correct that I have a contract with them, or is it just with the landlord?

I have received instructions both over the phone and from the landlord, several times, to pay him rather than the agent.

I am disgusted by the agent's action today, but putting my anger aside, I would like to know if I have a contract with them, or whether they are just trying it on with me, because they haven't been able to pressurise the landlord.

Green_Jelly

lynzpower wrote: »

I take it this letting agent is not a member of ARLA?

Yes, according to their website, they are a member of ARLA, The Property Ombudsman, RICS and the National Approved Letting Scheme.

FTBFun

Green_Jelly wrote: »

Thanks. Is the agent correct that I have a contract with them, or is it just with the landlord?

I have received instructions both over the phone and from the landlord, several times, to pay him rather than the agent.

I am disgusted by the agent's action today, but putting my anger aside, I would like to know if I have a contract with them, or whether they are just trying it on with me, because they haven't been able to pressurise the landlord.

You have a contract with the landlord. The agent is literally that - just an agent - and acts on behalf of the landlord.

The agent is just BSing you with their claim that they have a contract.

N79

Green_Jelly wrote: »

Thanks. Is the agent correct that I have a contract with them, or is it just with the landlord?

You only have a contract with the LL.

I have received instructions both over the phone and from the landlord, several times, to pay him rather than the agent.

If the LL has instructed you to pay him (get this instruction in writing) then that is what you should do.

I am disgusted by the agent's action today, but putting my anger aside, I would like to know if I have a contract with them, or whether they are just trying it on with me, because they haven't been able to pressurise the landlord.

No need to contact the agent, their behavior is disgraceful. If they are indeed a member of ARLA then a complaint might be in order (although personally I have no faith in ARLA's "self regulation").

Edit: It is fairly clear what is happening here. The agent and LL are in dispute over money the agents say the LL owes them. They want you to pay the rent to them because they will then just keep the money and tell the LL to sue them. If you pay the LL, as you should as instructed, then of course the agents will have to sue the LL.

lynzpower

Green_Jelly wrote: »

Yes, according to their website, they are a member of ARLA, The Property Ombudsman, RICS and the National Approved Letting Scheme.

Oh lovely!

Sounds like you need to put a complaint in writing about this intimidating behaviour. If you give the letting agent chance to hear it, then if nothing gets done, push it up to ARLA. Or use the property ombudsman service, would probably be a better bet.

Complaints


Members should deal with all complaints promptly, politely and efficiently via their internal complaints process.

ARLA has a complaints procedure which involves the consideration of complaints against members (but not tenancy disputes between landlords and tenants) by a committee of the Association which has the power to:

Fine a member
Suspend a member
Expel a member
Where an ARLA member is also registered with the Property Ombudsman Service
(TPOS) https://www.tpos.co.uk, a member of the public
may refer a complaint to that organization for consideration once the member’s
internal complaints handling procedure has been exhausted.

TPOS has the ability
to make a financial award should an agent be found not to have complied with the
requirements of the Code of Practice for Letting Agents.

Always welcome to name & shame on here

Jowo_2

In a letting scenario, there is usually two contracts, one between landlord and agent that allows the agent to act as an intermediary for them, and one between landlord and tenant (though it may be signed with the agent, its only because of the first agreement that allows them to do this).

So you only have a contract with the landlord and any contractual disputes between them do not involve you. An agent is a mere window through to landlord and tenant who have a direct legal relationship. The agent serves the landlord and doesn't replace them.

The agent may well want to take the landlord to court but they have absolutely no power to evict you - they do not have a contract with you for starters, just with the landlord...

chewmylegoff

you have a contract with the landlord, not the agent. one thing to note is that the contract might tell you to pay the rent to the letting agent (mine certainly does) but if you breach this element of the contract (by paying the landlord directly) the letting agent cannot sue you, as he doesn't have a contract with you.

i would simply write to the letting agent stating that

(i) you do not have a contract with them or any obligation to pay them any money
(ii) telling them to address any enquiries they have to the landlord.
(iii) stating that you consider their threats to amount to harassment and asking them to stop

i would get the landlord's instructions in writing just to be safe.