Letting Agent claiming back 8 months rent already paid to landlord

dln

It took time to get in there because of the legal notices that were required. I took possession about 6 - 8 weeks ago.

jjlandlord

This reply from the agent seems very sensible. I do not see any reason to sack them based on the information contained in this thread.

However, one thing you might discuss with them is rent collection via standing order.

dln

The agent has not been in the 'sharpest knife in the letting agent draw' during the past couple of months.

Also, I am very disappointed that when this all broke their email simply wanted me to take the can. It has taken me several emails to 'tease' exactly what is happening from them. My thoughts are that it's okay for them to take their cut when the money's coming in but simply to step aside when the s**t hits the fan. I expect more from an agent I employ.

Having said that, they have now shifted up a gear and we are working more as a 'team'.

A standing order is definitely the thing for the future.

Thanks again for your input.

Pixie5740

dln wrote: »

I have had a "solicitor" for him ring me up stating that ???? never moved into the property. I Have had (her) tell me today that they both moved in 28 august 14 and then she left 29 May this year after they split up. I am told by this solicitor that he lived somewhere else and was paying 2 rents ! which to me is not credible.

Tough titties for the tenant in the long run then. It does not matter if he was renting somewhere else, as long as he was named on the joint tenancy for this property then they both have joint and several liability for the whole rent and you can pursue the pair of them. Although it will take time to extract the money from them if you ever manage to that is.

Next time a "solicitor" phones you up, ask for their name, the name of their firm and check them out on the Law Society's website to find out if they actually are a solicitor.

dln

Thanks for that.

The piece you quote is from the email that the agent has sent to me.

I am hoping that it the bank/letting agent that will have to the chasing. I already have the money in my account from the seven rent payments.

As an update - the case has been reported to the police.

Although two names were on the tenancy agreement it is only him that went to the bank for the DD recall.

Pixie5740

That doesn't matter. They both have joint and several liability for the whole rent so you are legally entitled to pursue either or both of them for the whole tent. Maybe even just starting a Money Claim online chasing both would be the kick up the backside they need to realise how serious this is.

JuicyJesus

I think the agent are now following the right course of action, if only after a b*llocking.

dln

Thanks for the legal info.

I'm letting the agent do the chasing at the moment and they're waiting on the counterclaim with the bank.

dln

Yes, the thing seems to on track.

Although more prodding, cajoling and suggesting than b*llocking. Pity they didn't do it from Day 1 - I guess it's easier to do nothing and hope I'll roll over and say 'Yes, take the seven months rent my account, I think that's fair enough. . . '

Xbigman

Check if there is a time limit on making a claim against your rent insurance. If there is no time limit or if the time limit only covers part of the period of missing rent you should put a claim in in writing immediately. Although they have verbally told you you cannot claim that could well be a fob off.
The current status of the rent is that it is unpaid, therefore you need to throw the onus back on them with a written claim. I would also inform the agents that you intend to claim on your insurance. Unless there is a time limit on claiming I would certainly expect the insurance to pay.
If the insurance won't pay out because the rent was paid to the agents that would be your exact same argument to the agents that it is their responsibility to pursue the tenants.


Darren