Friend's Renting Trouble

fluffymuffy

Hi All,

My friend is renting a room in a shared house. She's only been there a few weeks and likes it.

But... - The letting agent has just phoned to say they are no longer going to be the agents and so she must move out and choose a room in another of their properties. (& As a special favour they're offering not to charge a further fee for this).

The letting agents say the contract is with them - but the contract definitely says it is between the landlord and Friend. The contract says it's for six months with an option to extend on a month by month basis.

So Friend has asked them to put their demand she move out in writing.

Friend paid the agents £200 arrangement fee plus one month's rent as a deposit - nearly £600 in all.

The direct debit for the rent was due yesterday but has not gone out and now Friend is wondering what to do. I think that if the agent is no longer the agent then Friend should pay the landlord - but she doesn't have any contact details for him.

I noticed it says in the contract that not paying the rent is grounds for eviction - but Friend has the money and it's just not being claimed - presumably as the letting agent is no longer the agent.

What should Friend do? How to contact the landlord? I can see this is causing her distress.

elsien

Presumably the contract names the property she is currently living in?

fluffymuffy

elsien wrote: »

Presumably the contract names the property she is currently living in?

Yes - it's a Assured Shorthold Tenancy Agreement - Room Only - published by the Residential Landlords Association - it has the room number and the address.

It says "you will have the property and the furniture for a minimum of 6 full calendar months"

(I have a photocopy of the whole document)

G_M

Load of rubbish.


There's a contract with a named landlord for 6 months for a specific room in a specific property.


So you stay there for 6 months.

fluffymuffy

But how to pay the rent?

The contract says - "We may repossess the property if:
you fail to pay us rent 14 days after it is due, whether you have been asked for it or not"

My concern is that perhaps the landlord no longer wanted tenants and the agent kept sending them.

theartfullodger

Friend should write (yes, WRITE - or email) landlord and state agent says they are stopping being agent & who should he pay please.


Ask agent for his address and/or spend £3 with land registry & see what deeds say owner's name & address is.
https://www.gov.uk/search-property-information-land-registry



If owner different name from landlord,ask agent why.

shortcrust

fluffymuffy wrote: »

But how to pay the rent?

The contract says - "We may repossess the property if:
you fail to pay us rent 14 days after it is due, whether you have been asked for it or not"

My concern is that perhaps the landlord no longer wanted tenants and the agent kept sending them.

My first thought is that the landlord has sacked the agent and the agent is trying to take the tenants with them. Either way it's really bizarre behaviour.

buggy_boy

shortcrust wrote: »

My first thought is that the landlord has sacked the agent and the agent is trying to take the tenants with them. Either way it's really bizarre behaviour.

Totally agree with this, letting agents often create contracts for landlords to sign that says things like they can evict the tenant and if the landlord leaves them they will evict the tenant...

In reality it is not needed... Does your friend have the name and address of the actual landlord? If not by law the agent must give the name and address of the landlord, get them to write to the landlord asking for clarification. But either way if they have a 6 month tenancy that is a binding contract so ignore the agent.

G_M

Landlord & Tenant Act 1985

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.

G_M

fluffymuffy wrote: »

But how to pay the rent?

The contract says - "We may repossess the property if:
you fail to pay us rent 14 days after it is due, whether you have been asked for it or not"

What address has been provided to the tenant "for serving notices on the landlord"? C/O the agent?

If none, you do not have to pay rent! ( Landlord and Tenant Act 1987 S48)

You should write to the landlord at that address advising him that you ar holding the rent to one side until you are informed of the relevant bank details.


You write separately to the agent, refering to the LL & T Act 1985 (note - different Act) and asking for the LL's actual address (as opposed to his address for serving notices which is often different).

fluffymuffy

Thanks all. A little more information today. Friend has spoken to the landlord who said that she should not have been offered the room as he no longer wants tenants.

But she has a contract. And a direct debit with the agent, but they are not taking her money. It seems the landlord doesn't want the agent or any tenants.

Friend paid a £200 booking fee and a month's rent as deposit. The deposit is in a holding scheme and I just checked on their website (using address and surname) and it shows up as legit.