Existing and new letting agent legal dispute with landlord - who do I pay rent to?

G_M

frustratedrenter wrote: »

OK, thank you! So if I can get confirmation from the landlord on who to pay rent to, anything after that with other agents is basically not our problem?
correct

Our AST has the existing letting agent's logo on it, and their company name is referred to wherever it mentions where the tenants need to pay their rent to, but they are named as just acting on behalf of the landlord.
your contract is with the LL. The agent is just..... an agent acting on te LL's behalf, just as the plumber who fixes your plumbing is acting on the LL's behalf. Theplumber probably has a van with his logo on it, just as the agent puts his logo on the contract he draws up on the LL's behalf.

The new agent said that they wouldn't issue a new AST as it's only a contract with the landlord and not the agent.

Yes. If the LL chooses to change agent that does not alter the contract between you and the LL. The original tanancy agreement continues unchanged.

(in the same way that if the LL starts empoying a new plumber for repairs, that does not alter your contract with the LL!)

frustratedrenter_2

Perfect, that makes sense - thank you again everyone for the really helpful responses!

mrginge

Personally I wouldn't write to an address you found on the internet. You write to the one on your contract. The fact that this is c/o the agent is irrelevant.
Whatever response you receive from that address determines the action you take.

G_M

mrginge wrote: »

Personally I wouldn't write to an address you found on the internet. You write to the one on your contract. The fact that this is c/o the agent is irrelevant.
Whatever response you receive from that address determines the action you take.

In fairness to the LL, I'd

1) wite to the offficially provided address as mrginge suggests - this is legally the correct thing to do

2) send a copy to the address where you believe the LL to reside (as a courtesy just in case the agent does not forward the letter)

3) write seperately, to the old agent, quoting the Landlord & Tenant Act 1985 S1, and request the LL's actual address

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

TBagpuss

G_M wrote: »

In fairness to the LL, I'd

1) wite to the offficially provided address as mrginge suggests - this is legally the correct thing to do

2) send a copy to the address where you believe the LL to reside (as a courtesy just in case the agent does not forward the letter)

3) write seperately, to the old agent, quoting the Landlord & Tenant Act 1985 S1, and request the LL's actual address

I think in these specific circumstnaces I'd send the letter to the address in the agreement and send the copy to them care of the new agents. You can put a covering letterwith the copy to say that you have written to the landlord using the address in the tenancy agreement, as required by the agreement, but are copying the letter to them via new agent as a courtesy, and then go on to request the actual address as G_M suggests

frustratedrenter_2

Understood. I don't expect the current agents, especially if they're going to be terminated, to actually bother forwarding on the request, but it's a fair point that we should go via the proper channels anyway.

Thanks again!