Estate Agent has no record of our rented flat.

kenzie123

We are currently renting a flat in London - we moved here in November.

An estate agent from a known estate agency showed us round the flat, we paid a £300 fee to secure it and it was ours that day.

We paid a deposit and months rent, moved in and all went smoothly. We deal solely with the estate agent with any issues and text the landlord who now lives abroad if there are any major problems. All communication has been fine until this week.

An appliance had broken in the flat so we emailed both agent and landlord to enquire about what to do.

We got a reply from the estate agent saying the original agent no longer worked there and could we call them immediately to give them more details, as they had no record of the property.

Long story - from now speaking to the agency it seems like they know nothing of us, the landlord, the property and are also asking for details of where we pay our rent each month.

We have had no other contact with the original estate agent.

We’re hesitant to get involved here as surely this is something the landlord and agent should sort between them - our only concern is our deposit which we paid when moving in.

We were told at the time it was in a deposit scheme - our contract said it was held with https://www.mydeposit.com but now searching for this online and nothing comes up. Where do we stand with this now? Are the Estate agent liable for this as their website states they sort a DPS for all tenants.

Really strange situation - a different agent at the agency keeps calling us and asking politely if we can help him by giving him all the details but we are uncomfortable giving out bank details and feel we shouldn’t get involved? Main concern is losing our deposit.

Any thoughts on this appreciated.

elverson

Contact your landlord first in case they don't know either.

Ithaca

Where does your rent go each month? Direct to the landlord or to the estate agent's account?

G_M

Don't worry too much about the deposit. This is owed to you by the landlord. If the agent has run off with it, or whatever, that's the LL's problem.

So who DO you pay your rent to? The LL direct (ie his bank or cheque direct to him)? Or the agent?

If the agent I'd stop paying asap. Cancel your Standing Order (if that's how you pay) but set the money aside for later.

Contact the LL immediately, explain, and ask for written instructions from him confirming

1) where he wants rent paid
2) how you should report issues
3) what address in England/Wales you should use for 'the serving of notices' on him (ie not his overseas address, as per the Landlord and Tenant Act 1987 S48)
4) where the deposite is registered, as you have not received the 'Prescribed Information' regarding the deposit.

theartfullodger

Did you meet the individual who showed you round & took your money at the agents offices??

I regret to point out, you could have been scammed by some cheating fraudulent imposter.

Do you have a copy of tenancy agreement, deposit protection details etc?

Does the named landlord on the tenancy match the name on land registry for the place, please?

PasturesNew

Firstly: cancel your rent payments with immediate effect. Hold onto that money until it's resolved, so you're not "denying them their rightful rent, but holding it until everybody's happy the right person is getting it". If there IS any fraud, then you need to stop the fraudster's money train. If the fraudster phones and asks "where's the rent", then say you'll look into it and can you call him back once you've found out what went wrong ....

Secondly: Do get involved..... you ARE involved.

Winter_Phoenix

Personally, I wouldn't risk giving out your bank and other personal information over the phone to someone who keeps calling you (saying that they're from the agency). I'd go into the Estate Agent's and sort it out there.

kenzie123

Ithaca wrote: »

Where does your rent go each month? Direct to the landlord or to the estate agent's account?

It goes to the original estate agents account (or the account he gave us details for)

After a month living here the bank details did change which we did think was unusual but we've had no issue with the landlord not receiving his rent.

kenzie123

G_M wrote: »

Don't worry too much about the deposit. This is owed to you by the landlord. If the agent has run off with it, or whatever, that's the LL's problem.

So who DO you pay your rent to? The LL direct (ie his bank or cheque direct to him)? Or the agent?

If the agent I'd stop paying asap. Cancel your Standing Order (if that's how you pay) but set the money aside for later.

Contact the LL immediately, explain, and ask for written instructions from him confirming

1) where he wants rent paid
2) how you should report issues
3) what address in England/Wales you should use for 'the serving of notices' on him (ie not his overseas address, as per the Landlord and Tenant Act 1987 S48)
4) where the deposite is registered, as you have not received the 'Prescribed Information' regarding the deposit.

Thank you will do this - the LL knows, we told him and he seemed surprised but unfazed.

Our rent goes to the account we were told to pay into by the original estate agent - but are in direct contact with the LL and he's never not received the money.

The LL has been in touch with the agency since this came to light but we don't know more than that.

kenzie123

theartfullodger wrote: »

Did you meet the individual who showed you round & took your money at the agents offices??

I regret to point out, you could have been scammed by some cheating fraudulent imposter.

Do you have a copy of tenancy agreement, deposit protection details etc?

Does the named landlord on the tenancy match the name on land registry for the place, please?

Honestly, when we met him it felt like that as he made things seem easy and straight forward - however we trusted this was legit because he does or DID work for the agency - he had the email address, always told us to call the office with issues and also the new agent who is contacting us has said that he did work there but has now left.

We think he may have been operating as a sole agent but using their company as a base but this is just guessing right now.

We have the agreement but the DPS listed doesn't seem to exist - it says its kept under https://www.mydeposit.com which isn't a real website.

We live in a large apartment block and our landlord is known here by the building liasion office and neighbours - we have no doubt he lived here and do trust he owns it but will check the land registry

kenzie123

Quizzical_Squirrel wrote: »

The flat was yours that same day? Were you credit checked or referenced?

Do you think the owner/landlord (not the name you were given but the actual now identified person) has been receiving rent from someone or was the property supposed to be empty?

Just trying to establish if the contract between you and the verified landlord was genuine when signed but has since become lost to incompetence or a scam/sublet by this former employee.
Or was it deceivingly off-agency right from the start?

If you initially had a genuine contract with the verified landlord, they are still responsible for your deposit.

Apologies if unclear - we paid a fee of £300 to ensure the agent wouldn't show anyone else around the flat and it was ours from that day subject to 3 month bank statements and letters from employers etc being checked.

I'm not sure re: the original agent - he definitely worked for this agency as they've told me so, but now he's left there seems to be no record of us or the LL on their books.