"You're Out On Your Ear - Legal Action Letter's In The Post"

C_Mababejive

Just serve notice that you intend to end your tenancy at the end of the period due to

a) their unprofessional attitude
b) The rent not being in alignment with similar properties on the block/area

See how they like that...

Also write to landlord if you have contact info.

If you do come to an agreement to stay, negotiate the rent downwards and do not pay his penalty charges.

W&&ker

G_M

ANYthing written should go to the Landlord. HE owns the property, the agent just works for him. His address should be on your contract. It MAY be the same as the agents address, so you might have to address it to him cc the agent.

Or you can write to the agent asking for the LL's address - they have to give it to you!

tbs624

G_M wrote: »

ANYthing written should go to the Landlord. HE owns the property, the agent just works for him. His address should be on your contract. It MAY be the same as the agents address, so you might have to address it to him cc the agent.

Or you can write to the agent asking for the LL's address - they have to give it to you!

See post 5

Gwhiz

PasturesNew wrote: »

If you give us their number, we can all phone every hour on the hour for the month of December and growl "W*NKER" down the phone at them before hanging up .... if that helps.

I like your style :rotfl:

tbs624

thequant wrote: »

The actual clause in question, is not persistance late paying of rent, but "irregular" payment of rent.

Not quite

In confirmation of earlier posts, the wording of the mandatory Ground for eviction proceedings is:

Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
(a)if rent is payable weekly or fortnightly, at least [F9eight weeks’] rent is unpaid;
(b)if rent is payable monthly, at least [F10two months’] rent is unpaid;
(c)if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d)if rent is payable yearly, at least three months’ rent is more than three months in arrears;
and for the purpose of this ground “rent” means rent lawfully due from the tenant

The discretionary Grounds are also to be found in Schedule 2 of the Housing Act 1988;

Ground 10
Some rent lawfully due from the tenant—
(a)is unpaid on the date on which the proceedings for possession are begun; and
(b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due. (my bolding)

So OP, your LA would be talking about trying to use either G10 on its own or a combination of G10 and G11. Note however that these are *discretionary* grounds and, as others have said, it's the LL's decision rather than the LA's whether to proceed and a court would be unlikely to grant possession.

As you say, your pattern of late payments spans different AST periods and can hardly be described as "persistently delaying" payment of rent. The fact the LA/LL agreed to renewals does not suggest a T with whom the LL is dissatisfied.

That said, even where the LA is a muppet, you are legally obliged to pay your rent in full and on time and it's one of the first questions that a future LL will ask.

I'd ignore the stroppy bits of this LA letter and transfer the unpaid rent asap, as I said previously. Then write to the LL/LA, simply stating that due to a banking error/delay your rent this month is unfortunately late but that you have now rectified the matter.

If the LA wants to try to pursue the ridiculous late payment fee, you can then challenge him. You didn't say whether your tenancy agreement or initial paperwork for the tenancy/renewal makes any mention of a specific fee or rate of interest? ( It can't just be a fig that LA plucks from the air)

LA is being truly foolish if (a) there are other cheaper similar properties lying vacant and (b) he doesn't realise that any new T is of course an unknown - even with referencing they could get a new T who pays upfront for the first months and then nothing more.

Add that to a void, because you would of course not feel minded to permit viewings by any potential T, and the LA will have to explain to the LL why s/he is out of pocket.

Check that your tenancy deposit has been scheme registered - DPS, mydeposits, TDS

tbs624

QuantumSuccess wrote: »

I'm wondering if I should consider just moving as it unpleasant to be involved with such azzhole letting agents. Or are most private renting situations equally as horrible and disrespectful?

The main problem is that LAs are unregulated. Anyone can set up in business as an LA, handling thousand of ££s worth of property, T deposits and rent payments. No quals, training necessary. There are *some* good ones who insist on their staff undertaking relevant training, and who voluntarily sign up to ARLA etc, but many have a poor grasp of LL& T law and an over developed sense of self-importance.

Some Ts prefer to deal direct with a self-managing LL - try contacting the local LL association or local Council for contact details ( some councils run a private sector LL accreditation scheme).

As the others have said, if you want out before the end of your current FT contract then check out the other flats and tell the LL that it seems it would be mutually beneficial for both parties to agree to an early end of the tenancy. He may well kick his LAs behind.

pupsicola

If you have the landlords name and address I would write to him/her urgently and explain the situation. Keep a copy of the letter and send it recorded delivery.

The "up his o.wn !!!!" agent is not handling this professionally and is being unnecessarilly (sp) aggressive and threatening with you. Phone him and tell him he is out of order and that you are contacting the landlord direct to let them know how you are being treated.

You have rights and even if he did take it to court it would cost him and as you say could cause a right nightmare for the property owner. I have let properties myself in the past and would not have wanted any agent that worked on my behalf talking to a tenant in that manner. The landlord wont want the place being empty, he/she is unlikely to get anyone else willing to pay that level of rent, you have never missed a payment before and there is a very valid reason this time.

Would you let anyone else speak to you like that? Be assertive and tell that poxy agent where to go

maninthestreet

OP,

Does your rental contract state anything in relation to penalties for late payment of rent? If not, then the LA can't charge one. I assume you are now up-to-date with your rental payments??

pupsicola

QuantumSuccess wrote: »

That article is hilarious. Brilliant!

I managed to get hold of the letting agent to query the "penalty." He said "your choice - pay up or get out and we'll rent to somebody who will pay up." He also claims that in February 2009 my rent was 3 days late and that my rent was 3 days late back in September 2008 as well. He says on those grounds I can be evicted "just like that" due to a pattern of late-paying.

What a ridiculous thing for him to say. Payment dates can move if there are bank holidays or your payment date falls on a weekend. I'd happily phone him for you and tell him what a !!!!!! he is

BitterAndTwisted

The letting agent earns fees on the rents they collect, therefore they will work very hard indeed to ensure that outstanding rents are collected in full and on time. If this means making threatening noises on the phone to tenants with arrears then that is precisely what they will do. It does not mean that they will actually carry out any of their threats. They just want their percentage of the rent collected and they want it now.