currently letting through agent but landlord has decided to rent directly, any advice

markymark10_2

Hi There

I wonder if anyone can give me any advice on my situation. I have been renting a house for 6 months via a letting agent. My landlady now has stated she doesnt want to use them anymore due to their excessive charges, she is still happy to rent the house to me at the same rate but I am a little concerned about what should happen next.

She has sent me a letter today asking to be allowed in to check the property & requesting a banking order to be set up paying the rent directly into her bank account from the 19th of Jan which is when the original 6 month tenancy expires. I have heard nothing from the letting agent, it was they who drew up the original tenancy agreement & inventory & placed my deposit in an assured scheme.

Do I need a rent book and is my direct debit into her account proof enough of paying the rent. ( I dont want any claims that I havent paid the rent) Do I need to do anything regarding the deposit or inventory agreement or request anything else from my landlady to facilitate this change in tenancy.

Many thanks in advance for any advice you may have

G_M

Your contract is and always was with the landlady. The agency was just that... and agent, acting on the LL's behalf.

If the LL wants you to pay her direct, then that's what you should do! (though get the instruction from her in writing to avoid misunderstandings).

Rent book? Only required by law if you pay rent weekly. Not monthly.
Direct Debit? Yes it's proof of payment (there's a bank audit) but few landlords have DD facility - more likely YOU set up a Standing Order with your bank. Same deal though, there's an audit trail so proof.

It seems fair that she wants to check the property. Use the opportunity to get to know her, and to point out any problems (central heating OK? dripping taps?......). Far better than a landlord who can't be contacted and doesn't care!

Which scheme is your deposit heldn in? Check with the LL when you see her that she's getting it switched into her/your names rather than the agent.

Did you end up getting your deposit back from the last landlord?

markymark10_2

Hi There

The landlady seems a nice enough person & i'm more than happy to rent from her direct as long as everythings ok from a legal perspective. Te deposit is placed with my deposits, I also have no problem with her coming to check on the house as I would expect any responsible letting agent to do the same so i'm feeling much happier now, thanks for the advice.

Regarding the deposit on the other house I was screwed over royally by the landlord & the lettings agent, it went to despute tribunal & they awarded the whole deposit to the landlord based on evidence submitted by the agent stating that I had signed agreeing to give the deposit up. I never did any such thing but the despute services decision is final, they did not give me any opportunity to dispute the evidence submitted by the agent & I am still as we speak trying to get a copy of this written evidence as neither the despute service or the agent will provide me with a copy.

Ive just about given up on that one & have vowed not to let it happen again hence my caution in my current situation.

princeofpounds

You have always rented direct from the landlord. It's just that now she wants to deal directly with you. As a T you never had a legal relationship with A.

tbs624

She must give you formal notification of her address - it does not have to be her home address, but it must be one at which Notices relating to the tenancy can be served ( S48 LL & T Act 1987) Without that she cannot lawfully"demand" rent payments ( although you would have to cough up once she did provide the address)

If the LA is holding the deposit monies on the LLs behalf and has registered under their own membership of mydeposits, the LL will have to take out her own membership of mydeposits (or use one of the others) and ensure that the deposit continues to be registered.

Kilty_2

I've rented directly from my landlord since the start of my tenancy and it's been great - problems get fixed immediately etc

sealady

I started renting through an agency but now deal directly with my landlord. He is brillant as soon as there are problems they are sorted out without any issues.

casper_g

My landlords, across multiple rental properties, have always used agents only to find tenants and set up the tenancy. As others have said, your legal relationship will not change -- the tenancy has always been between you and the landlord.

As to whether dealing directly with the landlord will be better or worse than dealing through an agent, that depends entirely on the landlord and the agent! There are dodgy and/or disinterested landlords just as there are dodgy/disinterested agents. I have been lucky so far (touch wood) in that my landlords have responded quickly to any problems I've had and have looked after me pretty well. At least a landlord has a personal interest in the property being well looked-after so is hopefully unlikely to let serious maintenance issues slide.

G_M

markymark10 wrote: »

Regarding the deposit on the other house I was screwed over royally by the landlord & the lettings agent, it went to despute tribunal & they awarded the whole deposit to the landlord based on evidence submitted by the agent stating that I had signed agreeing to give the deposit up. I never did any such thing but the despute services decision is final, they did not give me any opportunity to dispute the evidence submitted by the agent & I am still as we speak trying to get a copy of this written evidence as neither the despute service or the agent will provide me with a copy.

Ive just about given up on that one & have vowed not to let it happen again hence my caution in my current situation.

Small Claims court.

DVardysShadow

G_M wrote: »

Small Claims court.

I agree. Taking it to the Small Claims Court would allow you to see the alleged evidence under the rules of discovery and - assuming that there is no wriggle room on this, I think that the Deposit Scheme would deserve to be thoroughly embarrassed.