Letting Agent claiming back 8 months rent already paid to landlord

kinger101

dln wrote: »

Yes, that would be good.

I fear, however, that the problem is that the 'normal' procedure is simply to put a clause in the contract that the agent can collect from the landlord if there is a problem with the direct debit. It is easier taking on a landlord than a bank.

Well, technically the tenant, not the bank. The bank should be able to provide some clarity on whether this can be stopped, but they can't do anything after 14 days if no objections are raised. If this could be stopped (I'm not sure it can, but I don't know), then I think the agent has a duty to do something before they pursue you. Perhaps they are, but they've not been entirely candid with you thus far. And as others have suggested, they may be more inclined to do so if they think you're less of a soft target.

The letting agency might not be the best person to ask about what your insurance covers if there is a financial connection with whoever issued the policy. I might be getting an independent opinion on this.

Thrugelmir

Wonder if the direct debit was fraudently set-up. Not the bank account of the tenant.

dln

I am a member of the National Landlords Association. I have been in contact with them and will contact them again today.

I've gone through the insurance cover and that doesn't seem to offer me any help.

silvercar

Thrugelmir wrote: »

Wonder if the direct debit was fraudently set-up. Not the bank account of the tenant.

Interesting, but I would have expected the bank account holder to have noticed in less than 8 months.

JuicyJesus

Here is a letter to send your agent, which hopefully should get a*ses in gear:

To whom it may concern,

I write regarding your billing me for [amount] which was reclaimed from yourselves using the Direct Debit indemnity scheme regarding the property [address] as let to [tenant] on the grounds that no advance notice was given. You possess evidence confirming the validity of this Direct Debit and the issuing to the tenant of advance notice, which means that this claim is obviously false.

I formally request that, prior to taking any further action against myself for the outstanding monies, you supply this proof to your bank (or whoever operates Direct Debit collections on your behalf) and instruct them to contest this indemnity claim - as is your right under the scheme. If you cannot or will not do so please provide me with a full reason for this.

Yours,
[your name]

dln

Thank you.

I need to digest but it is the kind of help I need.

dodger1

dln wrote: »

Thanks for the message.

I only have the information in the email I posted. I don't know what has cleared and what hasn't and whether it was a standing order or direct debit.

The tenants paid 7 payments then defaulted. I was paid a further 2 months by my rent indemnity policy. During those those last couple of months the tenants left the property without telling anyone. I don not know where they are now although the agent told me he knows where one of them is and they are trying to contact them.

The tenancy was in two names.

Can anyone simply recall monies paid into the bank over a period of months?

Is it possible the indemnity policy would also cover the returned direct debits?

dln

No - I've tried them.

dln

This is the latest email from my letting agent - as always, your comments are most welcome.

"I completely agree with you about him noticing monies leaving his account

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.

I have today put in a counterclaim for the monies debited to our acoount, which could take up to a month and which could be successful or not. Its within the time limit. I have sent the agreement and letter of advance notice to our bank as supporting evidence.

I am seriously thinking of calling the Police in to investigate, when I gather all the facts together.

If we are unsuccessful in reclaiming the money I would have to request payment from you, and would help in any way with legal collection

thanks"

For those of you that are urging to move agents, that is on the cards.

bouicca21

She moved out in May, he was living somewhere else. So the property was empty? Surely the place has been inspected and if the property were empty it would have been noticeable?