Letting agent taking over management and new tenancy

helphelphelphelp

My friend has on going issues with her landlord one of which has been unprotected deposit which she has now issued court papers for

Today she received a letter from the new agent saying her new tenancy starts on Monday with new bank details and a new rent amount

She has not signed a new tenancy and does not want to pay the new amount. She is happy to get evicted although not sure a section 21 can be issued if the deposit has not been protected

I just want to confirm that this this tenancy is not valid as she has not signed it and doesn't agree it and therefore remains on her rolling contract and secondly where should she pay her rent to. It was paid direct by housing benefit to the landlord and she was waiting for bank details from the landlord to pay direct to them but has now received this letter from the letting agent. Presumably by making rent payments to them it does not form any contract. They have asked her to make contact to arrange for her to visit their office but the only office I can see for this is for them to get her to sign the new contract.

She has sent a rather wordy letter saying that she doesn't owe any money as she has t put the rent up in the 7 years my friend was there and therefore my friend has benefitted from a discounted rent during this time and that the overpayment of rent my friend has made is cancelled out. That she is not a professional landlord. Her husband is ill. And so it goes on. Looks like it will have to be a small courts summons to try and reclaim the rent over payment.

Thanks again for all your advice. Much appreciated.

theartfullodger

Her contract is the current one with the landlord: She does not have to agree to any new tenancy. However the landlord can evict her for no reason at all, so a bit of compromise may be wise is she wishes to avoid being homeless...

Is deposit was not protected within 30 days of being paid any s21 will be invalid, unless landlord returns deposit - or it is agree to use it for rent arrears, even if protected later.

Pixie5740

It sounds like the landlord is remaining the same and the landlord is now choosing to employ a letting agent to manage the property on their behalf. Meaning that the current periodic tenancy remains and is still valid. Tenants do not have contracts with letting agents. Landlords have contracts with letting agents. Tenants have contracts with landlords.

Your friends is free to accept the new rent amount or to continue paying the current rent amount. See Rent Increases for more information.

The landlord is free to issue a Section 21 if he chooses but if the deposit really hasn't been protected then the Section 21 will be invalid unless the landlord returns the deposit before issuing the Section 21. See Deposits and Ending an AST for further information.

jjlandlord

theartfullodger wrote: »

Is deposit was not protected within 30 days of being paid any s21 will be invalid, unless landlord returns deposit - or it is agree to use it for rent arrears, even if protected later.

Or a new tenancy is created and deposit protected...

Marktheshark

jjlandlord wrote: »

Or a new tenancy is created and deposit protected...

Which she does not have to sign, as she already has a tenancy.

Hope you don't do this for a living....

Guest101

OP the short version is she should pay the rent to her LL. Ignore the agent completely.

gazter

Guest101 wrote: »

OP the short version is she should pay the rent to her LL. Ignore the agent completely.

and the associated agency fees....

G_M

Guest101 wrote: »

OP the short version is she should pay the rent to her LL. Ignore the agent completely.

unless or until the landlord himself writes (writes) to her instructing her to pay him via the agent in future.

Meanwhile as advised

* continue to pay same rent
* only sign new tenancy agreement if a) want security for 6/12 months AND want to pay new rent
* ignore any S21 notice if the depoi is not potected
* do NOT respond tellng the LL the S21 is invalid - tell that to the court if/when the L applies for possession
* do not send 'wordy letters'. Pointless

I don't understand the 'overpayments' at all. Why/when was overpayment of rent made? Has tenant started paying the new, higher rent? If so, she has legally accepted the new rent!

helphelphelphelp

Thanks for your replies so far

My friend does not have the landlords bank details so is unable to pay the landlord direct. Housing benefit were making direct payments to the landlord until the over payment was noticed. The landlord has acknowledged some of the over payment but not all of it.


This over payment has been made over the period of the tenancy which has been on going for several years. It is now a matter of reconciling housing benefit payments which partially covered the rent and the additional cash payment made by the tenant which made up the rent which is where I believe the over payment occurred. The land lord admits to this over payment but it goes back to 2010/11 but it is only now when challenged that she is agreeing that she is in possession of the over payment

She has said nothing about the deposit not being protected and court papers were submitted around a month ago. Awaiting to hear back. Until that date I have advised my friend not not remind either the landlord or the letting agent of their legal obligations.
It was the land lord who has sent a wordy letter which was irrelevant not the tenant.

Thanks again for your help. You are a mine of information. I am calling the agent on Monday when they open to let them know she will not be singing a new tenancy and will continue to pay the same amount of rent. Will let you know what they say. No doubt they will come out with a load of rubbish!

anselld

helphelphelphelp wrote: »

I am calling the agent on Monday when they open to let them know she will not be singing a new tenancy and will continue to pay the same amount of rent. Will let you know what they say. No doubt they will come out with a load of rubbish!

I imagine if they at all professional they will not speak to you as you are not party to the tenancy agreement.

Pixie5740

How about your friend writes to the landlord asking for a rent statement going back to 2010 showing rent payments due and rent payments received? That might help get to the bottom of the overpayments.