Estate Agent has no record of our rented flat.

G_M

So not too serious.

As advised, hang onto all rent for now till the LL sorts things out. Don't accept instruction from any 3rd party - not even the 'new' agent, unless confirmed directly by the LL.

As an aside, if you have been (or in future are asked to) pay the landlord direct (ie into his bank) rather than pay a UK agent for him, then you should deduct 20% tax unless shown HMRC documents permitting full payment. See:

HMRC (Non Resident [= overseas] Landlord Scheme)


But don't worry too much about that till this first issue is resolved!

Cakeguts

kenzie123 wrote: »

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.

You need to contact the estate agent who is dealing with this problem as soon as possible. At the moment you have no proof that the landlord is who you think he is.

You have no proof that the flat was available as a rental property. It might belong to someone completely different who uses it as a holiday home which is why it was vacant when you moved in.

The fact that there is knowledge of the name that you were given for the landlord in known in the building does not prove that they own your flat.

There is no proof that the person you have been contacting is the landlord it could be anyone.

Because you have no proof that the person who you have been told is the landlord actually is the landlord you could have been living in someone else's home.

This needs sorting out as soon as possible.

Glbooth3

Are you 100% certain the "landlord" is in fact the landlord? Or someone the estate agent said is the landlord, scammers normally have a really good scan set up. It all just seems really odd and fishy to me, maybe he did work for the estate agents, I would go in, demand to see the property record file or that it is looked into immediately etc, they should have it all, losin an entire property just doesn't happen

gettingtheresometime

Call me a cynic (and I do know of a case like this) but I would put money on the landlord thinking someone (the ex employee) is the tenant and the rent is X but the ex employee has rented it out to you for Y pocketing the difference as the bank account they've given you is theirs.

The agents wouldn't know about the property because it wasn't on the books.

kenzie123

Quizzical_Squirrel wrote: »

You've tried an 's' on the end of mydeposit?

Tried - but there's no mydeposits.com

theres a co.uk one but its not got our details.

00ec25

kenzie123 wrote: »

Tried - but there's no mydeposits.com

theres a co.uk one but its not got our details.

as you know there are only 3 deposit scheme providers:
https://www.gov.uk/tenancy-deposit-protection/overview

as for your situation, it sounds very much like it will be in your interest to co-operate with the agency since it does seem like fraud has taken place and I'm sure you would want to co-operate in resolving that as quickly as possible.

also as someone said above, make sure this time you have verified who you are actually dealing with, and they are indeed "the agency". Also as said make sure that the "Landlord" is indeed the owner of the property - spend £3 and check whose name is on the title deed at the land registry
https://www.gov.uk/search-property-information-land-registry

as GM says, if the LL is indeed overseas then hold back payment until given a bank account you have confirmed you are happy with and if that means you end up paying the LL directly you must hold back 20% of the rent and pay that to HMRC yourself unless the LL gives you a certificate showing he is registered with HMRC under the non resident LL scheme

kenzie123

UPDATE
thanks for everyones very helpful posts.

After further investigation it seems that the original agent set up his own company and took a lot of business with him.

Our LL apparently didn't know this and doesn't seem as concerned as we are.

Today the original agent has emailed us asking that we please use a new email address for him, but has not mentioned our deposit in writing.

I have missed a call from him today where I imagine he wanted to discuss it.

I would really prefer all further conversation about it in writing.

I know he will say that the deposit is safe but we do not trust this - mainly as its not in a DPS but also because so far all of this seems dodgy.

Understood from posts on here that we are safe given that our LL owes us if anything has gone wrong, but how do we progress from here? Just continue as usual until its time to leave?

G_M

As previously advised. Get written instructions from the landlord (and seek confirmation from him about the deposit too.)

Currently (from what I understand) your tenancy agreement requires you to pay rent to XYX agency (the original agency).

If Joe Bloggs (an ex-employee) has now set up ABC agency, that does not alter your tenancy agreement. You cannot simply start paying ABC instead of XYZ based on an email from Joe Bloggs (any more than you should start paying G_M if I send you an email!).

G_M wrote: »

..... 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.