letting agent/tenant dispute

rachael71_2

I was informed Nov last year that one of my BtL properties was uninhabitable due to water leaks and damp, therefore my tenant was moving out. In the meantime I've been trying to solve the problem over the phone with developer/NHBC/managing agents etc to no avail until last week when a meeting was arranged with the roofers and new managing agents.

I walked into the apartment only to find the tenant was still living in it. After speaking to the letting agents who claimed to know nothing about this I threatened to get the locks changed and they should let the "tenant" aware. Whilst still at the apartment the tenants mother and grandfather appeared and the bottom line is they are saying the tenant had said he was going to move out but because he liked living there decided he wanted to stay but he would live in the living room to avoid the damp in bedroom but he wasn't prepared to pay rent. Allegedly the letting agents agreed to this! They are telling me this is absurd and fabricated (not their words!).

Now. The letting agents still hold the tenants bond AND never got the keys back when he was "supposed" to have moved out. Tenant has still been paying utility bills and council tax whilst there.

Apart from me being lapse not checking the letting agents had got the keys back what do I do about this situation???

prudryden

You should put this question to www.Landlordzone.co.uk

thesaint

Evict the tenant and instruct new letting agents.

prudryden

I assume you paid extra 5% to 6% fees to the managing agents. It doesn't seem like they kept their part of the contract.

silvercar

Allegedly the letting agents agreed to this! They are telling me this is absurd and fabricated (not their words!).

Letting agents would not agree to this without refering back to the landlord.

More likely the tenant said that he isn't moving out as he likes living there, but he's not paying rent until the problem is sorted.

Now. The letting agents still hold the tenants bond AND never got the keys back when he was "supposed" to have moved out. Tenant has still been paying utility bills and council tax whilst there.

Of course the tenant didn't hand the keys back, he had no intention of moving out.

You need to agree the back rent owed with the tenant and if you can't reach agreement then you need to take from the bond or take tenant to small claims court.

If you can reach agreement, you have a tenant prepared to live in the property while the problem is sorted, may just be worth keeping him!

black-saturn

You will have to go through the court eviction proceadure and I'm afraid it could take some time.