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Letting agent taking over management and new tenancy

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 6 June 2015 at 10:05PM
    Or tenant creates own rent statement.

    * ask HB for a history of payment amounts/dates
    * compile list of tenant direct payment amounts/dates
    * compare with rent amount owed with dates.

    Indeed, would the tenant not have statements from DWP showing what HB entitlement she has and what payments were bieng paid?

    As for
    My friend does not have the landlords bank details so is unable to pay the landlord direct.
    So some random person comes along and says "Please pay your rent to me from now on." I don't think so!

    Write to the LL for instructions and until the LL tells you who/where/how to pay, hold the money aside.

    And contact HB as well to inform the there is uncretainty about where HB should be paid.

    Note that if the landlord does not receive the rent because HB pay it to the wrong person, the tenant will be in arrears.
  • The landlord has written saying an Agent will be in contact which is what has happened and that the agent will be managing the property however doesn't specify the name of the agent at any time in her letter. Will get confirmation from the landlord in writing that this is the agent she wishes the rent to be paid to.

    I have a list of all housing benefit payments made from the council and made a spreadsheet which was sent to the landlord. The landlord has sent her own rent account spreadsheet and this is where the discrepancy lies so will need to go through what the landlord thinks she has been paid and the tenant thinks ahe has paid. The statement from the tenant including all housing benefit payments was sent to the landlord in the first letter some six weeks ago.

    I am hoping that if I am given authority by my friend to deal with the matter on her behalf they would have no problem dealing with me. Most companies are happy to deal with a third party once they have the authority of the account holder.
  • Ok. One last question before I call the agent tomorrow. My friend has advised me that with the new tenancy which she has been told is now in force even though she has not signed it, there is also a certificate for her deposit in one of the schemes. This was not done when she moved in five years ago and she does not want to go onto this new tenancy. What shall i say to the agents? Thank you.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Your friend hasn't signed a new tenancy. Just because a letting agency is now managing the property that doesn't mean there's a new tenancy in place. Letting agents require no specific qualification or training so expect them to know diddly squat when you speak with them tomorrow.
  • So I am thinking that just because the deposit is with a scheme it isn't so to speak as its not ties to any tenancy as there is no valid tenancy that has been entered into for this deposit. As long as nothing gets signed this deposit remains invalid?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Presumably the deposit is the one your friend paid to the landlord 5 years ago. This deposit relates to the original tenancy, the tenancy that is still in place.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Hope you don't do this for a living....

    No, the advice given here is for free.

    Forgot to take the little colourful pills again?
  • Just a quick update following my call to the agent this morning. He was very reasonable. I explained that no new contract would be signed and that the tenancy would remain as a periodic and therefore would have no need to make an appointment. He asked for all maintenance issues to be sent to him and they would be dealt with (lets hope the landlord doesnt delay them), but I was expecting an argument and him to be trying to tell me a load of rubbish but this wasnt the case. Most refreshing.

    Have written to the landlord as advised and copied the agent in asking for written confirmation that rent is to be paid direct to the agent from now.

    So thats it. Just waiting for the court to come back for the non protection of the deposit

    Thanks again for all your help. Much appreciated.
  • mrginge
    mrginge Posts: 4,843 Forumite
    If i had to bet i'd say you'll be getting an s.21 in the very near future.
  • Not before the deposit is returned and then she will be looking for another property which is what she wants. But can't issue a section 21 at the moment.
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