letting agent holding the rent????

ValHaller

molly22 wrote: »

(I'm not 100% sure that i ever signed the contract.)

He says he has to keep the rent monies, because
1. i might spend it
2. i might evict the tenant
3. because the tenant didn't meet his credit check criteria, set by his company.
he never asked me if i would accept the tenant without passing the credit check.

No, the agent has to give you the rent because
1. He might run away with it
2. He might go bankrupt.

Hmm, take him to the small claims court?

G_M

Sue.

Agents like this need taking to task.

Yorkie1

I'd be flippin' livid that he didn't tell me about the T's failure to meet the credit check before the contract became irrevocable ...

Guest101

molly22 wrote: »

I finally managed to contact the agent, he apologised for not getting back to me but offered no real reason.

(I'm not 100% sure that i ever signed the contract.)

He says he has to keep the rent monies, because
1. i might spend it - So? it's your money
2. i might evict the tenant - You cant
3. because the tenant didn't meet his credit check criteria, set by his company. - Perhaps his company should buy your house then, until that point its your criteria that matters, not theirs
he never asked me if i would accept the tenant without passing the credit check.

He has also registered the deposit in his account of 'mydeposit' when i specifically told him at the outset, i had my own account with 'mydeposit'.
He tells me he has given the prescribed information to the tenant, and i now have to get the tenant's permission to re register the deposit in my account.

He got quite shirty on the phone with me.
i even told him i would prefer him to give the advanced rent monies back to the tenant, but he says he cant do that either, and why would i want him to when he will forward the rent to me each month.

I am off to visit the tenant tonight to check if they are ok for me to move their deposit into my account. - Remember the tenant hasnt done anything wrong, so dont hassle them too much. Im sure they'll want to help you, as a LL on side is better than the alternative, but dont drag them in too much,

As regards to the rent, am i best leaving it with the agent to be sent to me each month, i dont want to get in a mess, but i hate him thinking he can make decisions re MY property? - no, you should sue. Like other have said, he could go bankrupt, or anything.

very frustrated
:mad:

Send a Letter before action and then sue him, and claim for everything you can think of.

ValHaller

Yorkie1 wrote: »

I'd be flippin' livid that he didn't tell me about the T's failure to meet the credit check before the contract became irrevocable ...

Something about those words just triggers the thought that if he has played fast and loose over the credit check, they may not be telling the whole truth about the rent being paid 6 months in advance ......

Hang back from the small claims court, a claim there would need some proof that the rent was to be paid 6 months in advance.

molly22

Thanks for all your advice, its really helpful.

I emailed the agent to request a copy of the landlord's agreement.
as well as wanting to check the contract i also wanted to confirm i had actually signed it.
the original agreement was the STANDARD one for 'finding a tenant only'

I received an emailed copy of the said agreement, BUT it isnt the copy because it is a new agreement, a PREMIER agreement which the agent has had to put me on as they have taken 6 months rent from the tenant upfront?? Therefore I am still none the wiser whether i signed the original agreement or not.

The agent is a member of the Property Ombudsman Code of Practice.

I appreciate the advice to take legal action, but not really sure where to start.

please help
molly
x:mad:

Guest101

Molly, start with this:

LETTER BEFORE ACTION

12.09.13

Dear X X,

I hereby inform you that it is my belief that you have maliciously and dishonestly taken 6 month's rent upfront from my tenants, and have knowlingly and willfully failed to pass this rent onto myself.

I have asked you to provide me with a signed agreement which allows you to do this, you have not done so.

The reasons you have set out for refusing to pass my money to myself are invalid. (List the 3 reasons).

I make my final offer: you must forward my money to me with-in 10 working days, or provide me with signed agreement which clearly states how and why this is not possible, and my agreement to this, also with-in 10 working days.

If you fail to observe these conditions, I shall be forced to seek remedy through the courts, where I will seek to have my costs paid also.

Kind Regards

Molly22

DragonQ

If it helps, I paid 6 months upfront and my letting agent is drip-feeding it monthly to the landlord. I do not know why.

Guest101

DragonQ wrote: »

If it helps, I paid 6 months upfront and my letting agent is drip-feeding it monthly to the landlord. I do not know why.

That may well be their agreement, but it doesnt appear to be the case here.

ValHaller

Guest101 wrote: »

Molly, start with this:

LETTER BEFORE ACTION

12.09.13

Dear X X,

I hereby inform you that it is my belief that you have maliciously and dishonestly taken 6 month's rent upfront from my tenants, and have knowlingly and willfully failed to pass this rent onto myself.

I have asked you to provide me with a signed agreement which allows you to do this, you have not done so.

The reasons you have set out for refusing to pass my money to myself are invalid. (List the 3 reasons).

I make my final offer: you must forward my money to me with-in 10 working days, or provide me with signed agreement which clearly states how and why this is not possible, and my agreement to this, also with-in 10 working days.

If you fail to observe these conditions, I shall be forced to seek remedy through the courts, where I will seek to have my costs paid also.

Kind Regards

Molly22

Think before you jump with the above. I have said it once but it needs saying again. There is no real evidence that the Agent has in fact taken 6 months rent - he could have come to some accommodation with the tenant. If that is the case, legal action would fail for lack of evidence - and the agent would know this and if he is playing fast and loose, he would let you take it to court and let you fall flat on your face.

What is actually required is more wisdom from the collected heads into getting the Agent backed into a corner to declare what he has actually done.