No Section 48 on Tenancy Agreement

jelliedeel

My landlords agent has overcharged me for rent, she collected twice for the same week (long story) anyway I have been able to prove this with signed rent books and a spreadsheet that I have set up. The relationship has broken down with the agent and she won't call to collect rent anymore, LL has stepped in I have never met him and he never calls, lives out of town, but in this instance he has phoned.

Prior to this I have taken advice about not having a Section 48 on my Agreement and was told I was breaking my agreement by not paying rent but if I do not have an address supplied to me how can I?

I was told that Section 48 only applies if I am in rent arrears and he tries to evict me on those grounds so If I can't pay my rent to anybody why am I breaking my agreement.

Anyway he wants HB in the bank but Council won't do it, he doesn't want it in the business account because of not having a reference on the bank slip and wants me to get back in touch with agent after she called me names and generally hounds me for money due, when at times it isn't, what to do next please?

DVardysShadow

You mean no section 48 notice of landlord's name and address http://www.rla.org.uk/landlord/documents/useful/doc_S48_LandContDet.shtml, rather than there being no section 48 in your tenancy agreement?

Write to the Agent, keeping a copy of your letter and ask for notice of your Landlord's name and address and notice of how rent must be paid. I would have thought that a rent book would have been a foolproof method of proving payment?

BitterAndTwisted

Is there a reason why you cannot go to the agent to pay your rent?

jelliedeel

No I don't have a section at all in my agreement containing LL's address and the agent isn't a proper agent as in an office she is just a 'friend' apparently but sometimes she brings someone with her who shouts at me for the money and really bangs on the door even though I shout ok Im coming etc. I have been googling everything I can on this matter and I still don't understand why I would be breaking the agreement because if I have no address supplied then lawfully no rent is due yes or no?

Also my deposit is not protected and I know I can claim for this and a third party has obtained an address for my LL but I was never given it doesn't that make a difference?

BitterAndTwisted

If you pay the money into the landlord's bank account you can put your address in the reference field. You either pay your rent or you put it into a deposit account until you have a satisfactory way of paying over the rent you owe. I doubt any judge in a court, hearing that your landlord is trying to evict you for non-payment of the rent would agree to your eviction once they heard that the landlord had not put in place any method for you being able to pay it. In any case you would need to owe eight weeks rent before they could do this.

G_M

but in this instance he has phoned.

What did he say? Did you ask for his contact details? Was it a freindly conversation?

I have been able to prove this with signed rent books and a spreadsheet

Write to the agent, and landlord if you can get his address, with copies of your payments. Enclose a cheque for whatever you beilieve you owe and ask for a receipt (if you don't get one don't worry, a cheque is tracable so is proof of payment)

I do not have an address supplied to me

Write to the agent quoting the Landlord and Tenant Act 1987, and the Landlord & Tenant Act 1985, and ask for your landlord's address within 21 days.

sometimes she brings someone with her who shouts at me for the money and really bangs on the door

Call 999 and say someone is trying to break in. Scream. Say you are terrified. Then hold th phone near the door and scream "Who's there? Who's there? Go away". Try to let the operator hear/record when the agent gives her name through the door. Do NOT open the door.

jelliedeel

I understand all that but LL doesn't want the money in the bank and the third party has advised me not to approach the agent because of the continual harrassment and the breakdown of the relationship. So does not having any details for my LL not matter then can they not be supplied if the LL feels that way, you see it still doesn't really answer my question

jelliedeel

I only have a mobile number for the agent and the phone call from LL was Oily and he told me not to dwell on this matter but he couldn't understand how it had happened and would look into it. He said he couldn't step in all the time as he paid other people to do that job because he can't be there to do it. Third party has also emailed and phoned LL and he wouldn't give details to them either, in fact both LL and agent friend have lied about where he comes from.

G_M

jelliedeel wrote: »

I understand all that but LL doesn't want the money in the bank and the third party has advised me not to approach the agent because of the continual harrassment and the breakdown of the relationship. So does not having any details for my LL not matter then can they not be supplied if the LL feels that way, you see it still doesn't really answer my question

Not sure which question you want answered.
It doesn't matter how the LL does/doesn't want the money. Send a cheque. You've paid the rent. What he does with it is his problem. By posting a cheque you don't need to see the agent.

What can he do?
1) take you to court? No, because I suspect he want cash because he's not paying tax on the rent
2) threaten you? ring 999 as advised any time you get threatened.

Meanwhile, write the letters. YOU are bbeing reasonable. The LL/agent is not.

jelliedeel

Laughable this is but I am subject to a DRO and only have a basic Barclays account no chequebook.

BitterAndTwisted

If you don't know the landlord's address you can look it up for your own address on the Land Registry website. It will cost you £4

It's either that or getting someone else to pay your rent on your behalf. Is there any contact info for this "agent"?