Home rental - missing council payments

Goldwing1

I am the guarantor for my daughter and son in laws rental. They moved in during July 2017. The council makes partial payments on a four weekly basis.

Because of the problems that four weekly rather than monthly payments brings we agreed a payment plan that effectively overpaid to ensure there were always adequate funds to pay the rent on time.

Earlier this year I started to receive "7 day" arrears letters. Initially my daughter explained this due to a difference between being paid and the rent being due. The rental agent confirmed they were content so we settled into a regular routine.

I then started to receive demands (After the 7 day letter) requesting payment from me or court action would commence.

Because of that I started to dig further. I found that the council had correctly made two payments to the rental company but the rental company had not allocated the funds to the account. One of these payments is dated January 2017!

My contact within the letting company agrees that the amounts in dispute have been received but the internal accounts department refuses to allocate the funds without more information from the council. I discovered this on 27/11/18. The letting agent confirms she had already discovered the missing payments and had requested the missing funds be correctly allocated.

As I have never rented I am out of my depth when it comes to complaining and seeking recompense. What would be a reasonable period of time to allow them to put this right and what do I do if it drags on?

Thanks in advance.

dimbo61

Ask the letting agent which redress scheme they belong too or check on the company website and Inform them you will be making a formal complaint to the redress scheme.

dimbo61

Stop phoning or texting.
Letters or emails to make sure they understand you are serious and have proof.
Copy all letters and emails/bank statements and provide this information to the letting agents.
Inform them you charge £50 an hour and £50 per letter or email for your time.

Goldwing1

I have the e-mail threads in a separate folder.

theartfullodger

Don't reply. Get the tenants to sort it out, it's their problem not yours.

Goldwing1

theartfullodger wrote: »

Don't reply. Get the tenants to sort it out, it's their problem not yours.

Burying my head in the sand won't help. As guarantor it becomes my problem if they don't pay or indeed, if the council doesn't pay.

Pixie5740

What recompense do you think would be appropriate? Why were the letting agency unable to allocate the council payments? Did the council miss a reference number from the payment or is the letting agent just a nincompoop? I don't know which one I'd put my money on.

Comms69

Goldwing1 wrote: »

I am the guarantor for my daughter and son in laws rental. They moved in during July 2017. The council makes partial payments on a four weekly basis.

Because of the problems that four weekly rather than monthly payments brings we agreed a payment plan that effectively overpaid to ensure there were always adequate funds to pay the rent on time.

Earlier this year I started to receive "7 day" arrears letters. Initially my daughter explained this due to a difference between being paid and the rent being due. The rental agent confirmed they were content so we settled into a regular routine.

I then started to receive demands (After the 7 day letter) requesting payment from me or court action would commence.

Because of that I started to dig further. I found that the council had correctly made two payments to the rental company but the rental company had not allocated the funds to the account. One of these payments is dated January 2017!

My contact within the letting company agrees that the amounts in dispute have been received but the internal accounts department refuses to allocate the funds without more information from the council. I discovered this on 27/11/18. The letting agent confirms she had already discovered the missing payments and had requested the missing funds be correctly allocated.

As I have never rented I am out of my depth when it comes to complaining and seeking recompense. What would be a reasonable period of time to allow them to put this right and what do I do if it drags on?

Thanks in advance.

No-one is entitled to compensation for this.

theartfullodger

Goldwing1 wrote: »

Burying my head in the sand won't help. As guarantor it becomes my problem if they don't pay or indeed, if the council doesn't pay.

Someone would need to get court judgement against you.

How long was the initial tenancy? If it's ended then there's a good chance you are not liable for any debts after it ended (landlord/letting agent will probably say otherwise, but only a judge can decide). See....
http://england.shelter.org.uk/legal/housing_options/paying_for_accommodation/guarantors
&
https://forums.landlordzone.co.uk/forum/residential-letting-questions/73441-tenancy-guarantees

What ARE the tenants doing about this, please? Sincerely hope they are not leaving this for you to sort out.

Best wishes, hope it gets fixed.

Goldwing1

Pixie5740 wrote: »

What recompense do you think would be appropriate? Why were the letting agency unable to allocate the council payments? Did the council miss a reference number from the payment or is the letting agent just a nincompoop? I don't know which one I'd put my money on.

I'll just settle for letters of apology to the Landlord (Who's been paid late for no reason) and to us for the stress. Their track record suggests that the letting agency has been the problem. There have been another couple of payments that, fortunately, we picked up quickly.

Goldwing1

theartfullodger wrote: »

Someone would need to get court judgement against you.

How long was the initial tenancy? If it's ended then there's a good chance you are not liable for any debts after it ended (landlord/letting agent will probably say otherwise, but only a judge can decide). See....
http://england.shelter.org.uk/legal/housing_options/paying_for_accommodation/guarantors
&
https://forums.landlordzone.co.uk/forum/residential-letting-questions/73441-tenancy-guarantees

What ARE the tenants doing about this, please? Sincerely hope they are not leaving this for you to sort out.

Best wishes, hope it gets fixed.

Yes they would need to get a court judgement. The links you have supplied simply confirm my position. The tenants, like me, are pulling their hair out with frustration.