Letting Agent claiming back 8 months rent already paid to landlord

kinger101

OK, it's time to get out that rent indemnity insurance policy and read it carefully, but you still need to make sure the LA is doing everything within it's power to limit the DD reversal by submitting a counterclaim within the 14 day limit.

dln

Talked to the rent indemnity people.

They only get involved when the tenant does not pay rent and therefore goes into debt.

They did get involved when that happened and I received two payments from them. I now have vacant possession of the house and their involvement ended at that point.

jjlandlord

silvercar wrote: »

Tenants long gone, by the sound of it. It is the rent which is in question.

OK.

Well, all has been said, then.
But, again, the agent is doing nothing wrong.

dln

Thanks for your input.

I feel there is more to this than meets the eye and I do feel the agent is not being 100% honest and above board with me.

I will start probing them tomorrow.

theartfullodger

Also over here
http://www.landlordzone.co.uk/forums/showthread.php?69728-Can-a-letting-agent-claim-back-8-months-rent-from-me-(and-you!)

dln

Thank you for that.

theartfullodger

dln wrote: »

Thank you for that.

Not at all:

For other contributions from other members whom you wish to thanks there is a "thanks" button, the left-most of the buttons, of the relevant post.

Cheers!

kinger101

dln wrote: »

Talked to the rent indemnity people.

They only get involved when the tenant does not pay rent and therefore goes into debt.

They did get involved when that happened and I received two payments from them. I now have vacant possession of the house and their involvement ended at that point.

Have you spoke to them about the DD reversal though? This is akin to not paying rent. Check the policy, and if there are no exclusions here, it would be worth following this up if the agent is not successful in their counterclaim.

wwl

Seems the letting agent is at least negligent in not explaining the current situation fully, and possibly for failing to ensure funds were obtained securely.
What you can do about it will be down to your contract with them - if it doesn't mention the possibility of this happening the I can't see how they can take any action against you to recover it.
And how far back can refunds under the DD guarantee be made? Surely there must be some time limit?

kinger101

wwl wrote: »

Seems the letting agent is at least negligent in not explaining the current situation fully, and possibly for failing to ensure funds were obtained securely.
What you can do about it will be down to your contract with them - if it doesn't mention the possibility of this happening the I can't see how they can take any action against you to recover it.
And how far back can refunds under the DD guarantee be made? Surely there must be some time limit?

I wouldn't be so sure of that. DD wouldn't be my preferred method of collecting rent, but this type of fraud is extremely rare, and the agency would probably claim they made credit checks against the people letting the flat to make sure they're solvent etc. It seems they sold a rent insurance policy as well which might have mitigated this risk.