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Home rental - missing council payments

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Comments

  • If missing HB payments are a regular problem have them paid into your account if that is possible. Easier for you to keep track . Probably not a good idea to pay into tenants account in case they don't pay. You are quite right, it's not worth the risk leaving it to tenants to sort as you are guarantor.
  • Formal complaint now lodged with the letting agent. They have replied promptly given I submitted it on Christmas Eve. Now we wait and see.
  • Goldwing1
    Goldwing1 Posts: 191 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I thought I'd provide an update (Yes, it's still going on).
    The letting agent did nothing regarding our complaint.
    I referred the complaint to The Property Ombudsman.
    They have agreed there is a case to investigate.
    Last week they confirmed that the deadline for the letting agent had passed and that they will now consider the evidence supplied but that it could be another 90 days.

    In the meantime we were able to redirect the payments to my daughter, exhaust the massive balance held by the letting agent and do away with their overdraft.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    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.
    Yes, you're the guarantor - you're the payer of last resort. You are not the tenant.

    The council's payments - and indeed the tenants' payments - are not your problem unless and until their debt reaches the point at which the agency chase you. Then it's simply a question of whether you cover the debt or not - not how the debt may or may not have been arrived at.

    Indeed, it is actually illegal for the agency to be dealing with you - unless the tenants have explicitly given them permission to deal with you on their behalf. The council certainly won't have.
  • Goldwing1
    Goldwing1 Posts: 191 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    AdrianC wrote: »
    Yes, you're the guarantor - you're the payer of last resort. You are not the tenant.

    The council's payments - and indeed the tenants' payments - are not your problem unless and until their debt reaches the point at which the agency chase you. Then it's simply a question of whether you cover the debt or not - not how the debt may or may not have been arrived at.

    Indeed, it is actually illegal for the agency to be dealing with you - unless the tenants have explicitly given them permission to deal with you on their behalf. The council certainly won't have.

    Letters of authority have been in place and recognised since day 1.
  • Goldwing1
    Goldwing1 Posts: 191 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    And finally the result is in.

    The Ombudsman supported most of our complaints, we have got the money back plus compensation.

    I think that counts as a result. The simple message being, follow the procedure, keep calm and dig in for a long fight.
  • hb2
    hb2 Posts: 1,399 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Goldwing1 wrote: »
    And finally the result is in.

    The Ombudsman supported most of our complaints, we have got the money back plus compensation.

    I think that counts as a result. The simple message being, follow the procedure, keep calm and dig in for a long fight.

    Thank you for coming back to update us. I'm glad that this has been settled in a satisfactory manner.
    It's not difficult!
    'Wander' - to walk or move in a leisurely manner.
    'Wonder' - to feel curious.
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