Letting Agent demanding rent be paid in advance

Guest101

fiodyl wrote: »

Just had a voicemail left while at work saying the property is on the market and the first viewing will be Tuesday next week at 3pm. I'm on my lunch break and trying to get through to letting agents phone number (answer phone every time) but seriously panicking now that I won't have a place to live in a few weeks time.Help!

well stop panicking. Just buy some new locks, change the barrels and relax.

Eviction takes a long time - not weeks.

Suggest you pop into the letting agents and talk face to face, maybe this saturday

stator

Definitely change the locks. They have no right to show the house. IF they want to evict you it will take months.

fiodyl

Right I'll look into trying to change the locks ASAP.


I have now received another email from the letting agents. they basically have said the rent is always due 2 months before the end of the current contract. This is plainly not true as I have never been asked to do so in the past. also they do not state why, if this is the case, I had not been informed (it definitely isn't in the tenancy) until over 1 month after they claim the rent is due.


The email goes on to say as I haven't paid, the property is now on the market and I have been served with a Section 21 and moving out instructions (I haven't received these but no doubt they are in the post to me by now) which will only be retracted if I pay up. It then adds that if someone else places a holding fee in meantime I will be asked to leave.


The email finishes up by warning me not to try contacting the landlord!


This whole matter stinks of something dodgy going on to me and I'm sure it is not the correct way things should be done. I don't know how to respond though as I'm not totally sure of my rights and the legalities of it all. Any advice on how I should reply to this?

RAS

First thing to do is contact the landlord and explain what has happened. You do have a UK based address?

Be completely unemotional and include all the e-mails and correspondence. Tell them that you want to stay.

You may be OK, may be not.

IF the S21 is legally valid, then they can only start the court proceeding after the 2 months is up.

If they are as bizarre as they sound so far, it may not even be legally valid.

theartfullodger

Paying 6-months rent 2 months early when you still have a tenancy would arguably make that 6-months rent payment a "deposit" (but not if paid at start of new tenancy). And as agent/landlord won;t protect it within 30 days (or my name ain;t Artful) you could then sue landlord/agent for up to 3x that 6-months rent. A tidy sum I warrant.

Almost worth paying and doing so, albeit you'd get evicted via s21.

See HA 2004 s213(8) which I must look up..
http://www.legislation.gov.uk/ukpga/2004/34/section/213

(8) In subsection (7) “deposit” means a transfer of property intended to be held (by the landlord or otherwise) as security for—

(a) the performance of any obligations of the tenant, or
(b) the discharge of any liability of his,

arising under or in connection with the tenancy.

ViolaLass

fiodyl wrote: »

It then adds that if someone else places a holding fee in meantime I will be asked to leave.

!!

I wouldn't want to be the person paying that holding fee...

orangeslimes

I don't really have anything useful to say, but it just seems a really odd and weird bullying way to act- are they trying to get fees from the landlord or something for finding a new tenant?

fiodyl

Just done a bit of snooping and the house isn't listed on the letting agent website/rightmove yet (as I suspected) so I'm not sure how they have managed to get a viewing for next week already anyway. How likely do you reckon it is that that (imaginary?) person will immediately place a holding deposit on that date too?


In other news, I logged onto my online banking, to see whether I could possibly pay the full amount right now (if I max out the overdraft and feed the family on fresh air until next Friday) but while there I noticed the letting agent have cashed the tenancy renewal fee cheque. Now even though they are refusing to counter-sign the contract, as they have cashed this cheque, could I take this as implying that they have agreed to renew the tenancy? That would mean all this stuff about putting the property on the market, is in fact nonsense. Am I right?

Guest101

fiodyl wrote: »

Just done a bit of snooping and the house isn't listed on the letting agent website/rightmove yet (as I suspected) so I'm not sure how they have managed to get a viewing for next week already anyway. How likely do you reckon it is that that (imaginary?) person will immediately place a holding deposit on that date too?


In other news, I logged onto my online banking, to see whether I could possibly pay the full amount right now (if I max out the overdraft and feed the family on fresh air until next Friday) but while there I noticed the letting agent have cashed the tenancy renewal fee cheque. Now even though they are refusing to counter-sign the contract, as they have cashed this cheque, could I take this as implying that they have agreed to renew the tenancy? That would mean all this stuff about putting the property on the market, is in fact nonsense. Am I right?

Oh you paid a fee, and they accepted? Change the locks and don't speak to them again.

You sir have a contract- which is an offer and a acceptance.

treacle12

Hi,
Why don't you contact the charity Shelter for free advice. The phone number is 0808 800 4444. Good luck