No rent payment from agent

whiskywhisky

Hi

I would be very grateful for some general advice.

I am a landlord and have been with a letting agent for a few years and generally all been good. However last April I agreed with the letting agent to let directly with a local council, with the house lived by 1 young family and the council to pay directly to the agent etc.

The agreement expires this April and I assume (never saw it) that the tenancy agreement is between the agent and council. Since last April the rent payment were late (by a couple of weeks) up to the Spetember and have since stopped. I have since September been on the case with the agent who themselves state they are chasing the council on a daily basis. The reasons I am hearing is due to the council changing IT systems and other payment systems etc.

Anyway enough is enough, being a local authority I have not taken any actions thinking I will get the rent money sooner or later. But with money getting tighter and myself struggling to meet mortgage payments I am not sure how to progress this?

- Am I even able to issue a Section 8 or 21? or with the agreement being between the agent and council not able?

- I will in February tell the agent to forward on the 2 month notice to end the tenancy in April.

Any advice would be great.

Thanks

Pixie5740

Do you have an AST with the tenants?

DTDfanBoy

It's highly unlikely that there is a tenancy between your agent and the council, it's also strange for councils to let a property for such a short time ie 1 year.

Why don't you read the tenancy agreement, or ask your letting agent to explain the situation to yourself.

G_M

whiskywhisky wrote: »

Hi

I am a landlord and have been with a letting agent for a few years and generally all been good. However last April I agreed with the letting agent to let directly with a local council, with the house lived by 1 young family and the council to pay directly to the agent etc.
Ouch!

The agreement expires this April and I assume (never saw it) that the tenancy agreement is between the agent and council.
?? Perhaps, assuming you have let the property to the agent, and the agent has sublet to the council, who have sublet to the family?

Is this the case?

Otherwise, your contract might be wih the council who sublet to the family, and the agent is just..... your agent.

Read your paperwork! (how can a landlord not know what he is agreeing to......? :eek:)

Since last April the rent payment were late (by a couple of weeks) up to the Spetember and have since stopped. I have since September been on the case with the agent who themselves state they are chasing the council on a daily basis. The reasons I am hearing is due to the council changing IT systems and other payment systems etc.
Until you know who your contract is with (agent or council) you cannot know who to blame/chase!.


Anyway enough is enough, being a local authority I have not taken any actions thinking I will get the rent money sooner or later. But with money getting tighter and myself struggling to meet mortgage payments I am not sure how to progress this?
Step 1: understand your contracts!

- Am I even able to issue a Section 8 or 21? or with the agreement being between the agent and council not able?
What is clear is that you do not have tenancy agreement with the family, so you do not have an AST, so S8 / S21 do not apply.

You have a commercial contract with either the agent or the council. You cannot evict the family.

- I will in February tell the agent to forward on the 2 month notice to end the tenancy in April.

Thanks

1) get out your paperwork
2) go in & talk to the agent - either because they are a) the party you have a contract with or b) acting on your behalf in managing your contract with the council
3) sue either the agent or council for breach of contract (ie rent arrears)

whiskywhisky

HiI am not sure if there is a AST and who it is between. As this is down to the letting agent. I do know the agreement is for 2 years, with both sides able to call it off after 1 year.I will kepp chasing the letting agent in the hope they have futher news.

Guest101

whiskywhisky wrote: »

HiI am not sure if there is a AST and who it is between. As this is down to the letting agent. I do know the agreement is for 2 years, with both sides able to call it off after 1 year.I will kepp chasing the letting agent in the hope they have futher news.

You own the property, how can you not know?

Did you at any stage rent the property to the letting agent, with permission to sublet?

Surely you must know this.

G_M

whiskywhisky wrote: »

HiI am not sure if there is a AST and who it is between. As this is down to the letting agent.

Excuse me shouting but....WHAT ABSOLUTE RUBBISH! You own the poperty. You are the landlord. You signed the contract. It is down to you to know what you are doing!

I do know the agreement is for 2 years, with both sides able to call it off after 1 year.I will kepp chasing the letting agent in the hope they have futher news.

As advised GET OUT YOUR PAPERWORK AND FIND OUT THE LEGAL SITUATION.

Stop relying on/trusting/blaming other people and grow yourself some ****s.

(methinks you've been drinking too much whisky)

whiskywhisky

Hi

I signed up with the letting agent a few years ago and that is the only time I have signed or even received a tenancy agreement since. The letting agent is fairly established in the local area and have a few branches and recieving a AST was always an extra charge.

Over the years there have been a few tenants and I have never signed anything. Therefore I have no paperwork.

From the replies I guess my only option is to continue asking the agent to chase the council, which they are doing on my behalf and apprently for other of their customers. And I cannot do a lot else?


Thanks

bbk87

My mum now rents a place like this, via a LL who uses an agent who deals in privately renting to those on housing benefit only.

My mum has a tenancy agreement with the agency / LL.

The council pay rent direct to agency.

G_M

whiskywhisky wrote: »

Hi

From the replies I guess my only option is to continue asking the agent to chase the council, which they are doing on my behalf and apprently for other of their customers. And I cannot do a lot else?


Thanks

You appear not to have read the replies.

whiskywhisky

I have read the responses of reading the AST and other documentation, but as written as the agent does all this I have never recieved this.