Letting Agent has not paid and gone bust - what to do about the tenants!

ultimatestirrer

Have a property which was rented out through a letting agency in June 2011, money paid by agent for a couple of months and then nothing. Agency has gone under and it is not clear if tenants are in the property or not.

Have posted letters on front and rear doors asking any occupiers to contact me, but heard nothing. What next?
Thanks

G_M

First, your tenancy agreement with the tenants is unaffected by this. They stillowe rent and you must still provide the property in accordance with the TA.

Any financial losses resulting from your agent going bust are between you and the agent.

However, clearly you do not want the tenants to continue to pay their rent to the agent (whise bank account and debts may well swallow up the rent) so WRITE a letter to the tenants instructing them to pay rent to yourself with immediate effect. Provide them with relevant contact details/bank details. For good measure. enclose a copy of your contract with the agent to ensure they know you are the legitimate landlord. And possibly even a copy of your Land Registry documents.

Ideally have a face to face conversation to explain things, and to forge a relationship with them, but in any case you MUST give them a formal written instruction.

As to getting any rent back that they've already paid the agent, that, as I said, is between you and the agent - Hmmm, good luck with that! But you cannot make the tenants pay again if they have already paid your agent.

RAS

Do you have copies of the contract?

When does the AST end? Assuming you are in England or Wales?

londonlydia

I appreciate that the letting company has gone bust- but are they completely uncontactable? Even if just to find out if anyone is living there?

Alternatively, could you ask neighbours if they have seen anyone? When did yougo and post the letters? If I was you, I would probably go and knock on the doors on a weekday evening when most people are likely to be home. Annoying LLs coming round at inconvenient times aside- I think it's understandable if you're not sure if people are living there anymore!

ognum

You have not had any rent since August 2012 and you are only now concerned!!!

I check my bank ac each month to ensure rents have come in and would be taking to someone within a couple of weeks if overdue.

why have you left it this long?

POPPYOSCAR

ognum wrote: »

You have not had any rent since August 2012 and you are only now concerned!!!

I check my bank ac each month to ensure rents have come in and would be taking to someone within a couple of weeks if overdue.

why have you left it this long?

Yes that is what I was thinking as well.

Nine months and you have done nothing?

tbs624

ognum wrote: »

You have not had any rent since August 2012 and you are only now concerned!!!

Presumably Ognum meant 2011....;)

vax2002

If nobody will answer the door, post a notice of 24hr emergency entry due to abandoned property.
Put in the letter that if not contacted in 24 hours entry will be forced to make the property safe, gas and electricity.
If the property is abandoned you have every right to make an emergency entry to make the property safe and secure, IE change locks.
If someone is living there, they had better get in touch Immediately .

tbs624

How long ago did the LA "go under"? When did the LA and you last communicate with [edit: one] another regarding the tenancy?

Do you know yet whether the Ts made other rent payments to the LA which have yet to be accounted for?

Was there a tenancy deposit paid? If property in Eng/Wales was it scheme registered and the prescribed information provided to the T? You are uktimately responsible for any tenancy deposit

Do you have any info on the Ts - as RAS says, do you have a copy of the tenancy agreement?