Letting Agent claiming back 8 months rent already paid to landlord

theartfullodger

The agent is at liberty to sue the landlord for the money.

Were I the landlord I would do nothing until any court action started.

dln

Thank you for your reply.

If you are right that the agent has the right to sue me, that seems very unfair. I simply cannot understand it.

I have allowed the agent to let my house in good faith. The tenants have used that service for the period up until they broke the contract by not paying the rent after 7 months and the house abandoned without notifying the agent.

I am beginning to think the agent does have the right to the seven months rent I have received. . . but I still don't understand it. :embarasse:embarasse:shocked::exclamati

dln

The tenants left without notice two months ago.

Marktheshark

You can then sack the agent for non performance of the contract and strengthen your legal position.
They should have made sure the rent was cleared funds.
Sack them, force them to a legal situation with a frustrated contract, a very weak fighting position to launch from as all the failed contract points have to be addressed first..

The legal position of carrying a loss is easier to defend with a failed contract.

DandelionPatrol

dln, check your contract with the agent for specific terms relating to this scenario before taking any further action.

If there are no specific terms, then the agent's claim on you is as good as the tenants' claim on the agent. No better, no worse.

Before jumping over the edge and committing to a fight with them, I suggest you write and say something along the lines of "I am completely shocked by what has happened here. I can see that your claim on me is entirely based on the tenants' claim on you. Would you kindly forward to me copies of all related correspondence from the tenants and from the bank so that I can understand this matter. In the meantime I would instruct you to take all possible measures with the bank to oppose the reversal of funds transferred."

At the present time, I think the agent will want to keep you sweet and it is very much in your interests to have the inside on their dealings with the tenant.

dln

Thank you for that.

I am going to have think on this and perhaps see if what others on this thread have to say.

dln

Thank you for your advice.

I have not yet checked the specific terms of the contract - I think I'm still in shock at the email!

I totally agree with you that it is better to fight this from the inside rather than be isolated from the agent.

silvercar

I totally agree with you that it is better to fight this from the inside rather than be isolated from the agent.

I agree with this.

But I would not be refunding any money to the agent at this point. That way the agent will also be interested in keeping you sweet. So the relationship is one of mutual self interest at the moment.

If things do become difficult and you resist the agent's pressure, the agent will need to take you to court to recover the money from you. They will have to convince a judge that they have acted correctly all the way and persuade the judge that you should be ordered to return the money to the agent. TBH why has the agent complied with a request to recall the money?

At the end of the day, it could be that you and the agent split the recall 50/50.

dln

Thank you for your input.

50/50 - Half a loaf being better than none!

Still can't get my head round the fact that I put my trust in a 'respected' agent and this is happening.

jjlandlord

The agent has done, and is doing nothing wrong. This is a red herring.

Your agent is not asking for a refund at this point. As said, they are acting reasonably and only informing you of the issue.
If the situation is as eddddy states then the only thing you can do at the moment is to make clear to the agent that he is expected to fight the recall.

Your problem is with your tenant. If you are in 'shock' you should be so regarding your scummy tenant.

It is not clear whether they still leave at the property.

If they are do serve a s.8 notice. But also serve a s.21 notice and follow the correct procedure (I.e. ignore the incorrect info from Marktheshark).