Letting agent is not paying me my rent? What can I do?

Pixie5740

ginashamz wrote: »

I let out my property from the 25th November on a 6 month tenancy. I found out about 2 weeks ago that the tenants are moving out on the 31st January 2019 and the letting agent has apparently found new tenants for the 1st February.

I have spoken to the existing tenant and I am fine with the fact that they will be "breaking" the 6 month agreement, but I will want any monies cleared before they leave. The tenant has shown me proof that he has paid the letting agent, but I have STILL not received December's rent and January's rent.

The letting manager keeps telling me he will sort it out but I have lost faith. What options do I have now??? What can I do? Can I take them to court?

Your nae having much luck with this tenancy OP.

https://forums.moneysavingexpert.com/discussion/5944362/tenants-have-not-registered-to-a-utility-provider-and-are-not-paying-bills

pinkshoes

ginashamz wrote: »

Right, so how can I check if the deposit was registered?

This was/is YOUR responsibility...

You check with the deposit protection schemes.

If it was agreed that the agency protected the deposit, then ask them which scheme it is in.

Nevertheless, it is your responsibility to check that it has been done.

ginashamz

If the letting agent is not playing ball with me, i.e. they do not provide a copy of the contract or provide proof that the tenants deposit went through a deposit scheme, what rights do I have?

Would I have to take the letting agent or the tenants to court??

HampshireH

:rotfl: Why would you take your tenants to court?

They paid their rent to someone whom you instructed them to do so.

Just because you allegedly employed them without knowing the terms and conditions. It is not your tenants fault you don't know what you are doing.

I feel sorry for them. If you cannot evidence you have protected their deposit they can take YOU to court and they may win up to 3 times the deposit amount. Ignorance on your part isn't a defence.

Marvel1

ginashamz wrote: »

Would I have to take the letting agent or the tenants to court??

Who do you think?

ginashamz wrote: »

The tenant has shown me proof that he has paid the letting agent

Hint: The thread title.

ginashamz

HampshireH wrote: »

:rotfl: Why would you take your tenants to court?

They paid their rent to someone whom you instructed them to do so.

Just because you allegedly employed them without knowing the terms and conditions. It is not your tenants fault you don't know what you are doing.

I feel sorry for them. If you cannot evidence you have protected their deposit they can take YOU to court and they may win up to 3 times the deposit amount. Ignorance on your part isn't a defence.

Surely if you give full management to the letting agent it is their responsibility to set up the deposit through a registered body??

Marvel1

ginashamz wrote: »

Surely if you give full management to the letting agent it is their responsibility to set up the deposit through a registered body??

Tenant claims from you, and whatever you had to pay the tenant, you then claim from the letting agent.

HampshireH

Your responsibility to check it is done.

Your tenants sue YOU.

Its doen to you to deal with the agent

ginashamz

UPDATE:


I visited the letting agent yesterday and they provided me with a copy of the contract. They also finally made payment for 1 month. Here is where it gets confusing. I am owed 2 full months rent December 2018 and January. I also owed partial rent for November as the tenants moved in 25th November (and will move out on the 31st January).


So far I have been paid the following:
-1 month full rent at £1000 PCM
- and 1 month rent minus estate agent fees for the 6 month letting = £322


The estate agent fees comprises of 8% rent plus VAT per month plus £50 deposit fee. For 6 months, this equates to £668.


So what they did was deduct £668 from December's rent (£1000 PCM) which equals £332.


Therefore, I am still owed Novembers rent from 25th to 30th Nov.


What I do not understand is why the estate agent are charging me 6 months fees when the tenants are moving out on the 31st January. Surely they should be charging only for the months the tenants have occupied the flat?


Furthermore, they have not paid me on time and still owe me Novembers rent. Surely if they want to keep me as a client they should actually give me a partial refund on their estate fees for not sticking to their agreement!

Comms69

ginashamz wrote: »

UPDATE:


I visited the letting agent yesterday and they provided me with a copy of the contract. They also finally made payment for 1 month. Here is where it gets confusing. I am owed 2 full months rent December 2018 and January. I also owed partial rent for November as the tenants moved in 25th November (and will move out on the 31st January).


So far I have been paid the following:
-1 month full rent at £1000 PCM
- and 1 month rent minus estate agent fees for the 6 month letting = £322


Seems reasonable


The estate agent fees comprises of 8% rent plus VAT per month plus £50 deposit fee. For 6 months, this equates to £668.


So what they did was deduct £668 from December's rent (£1000 PCM) which equals £332.


Therefore, I am still owed Novembers rent from 25th to 30th Nov.

They've not been paid for that period yet. Well technically they've been paid 25.11.18 - 24.12.18; 25.12.18 - 24.01.19. So they've not been paid for 25.01.19 - 31.01.19

What I do not understand is why the estate agent are charging me 6 months fees when the tenants are moving out on the 31st January. Surely they should be charging only for the months the tenants have occupied the flat? - No, it's your choice to let them leave early.


Furthermore, they have not paid me on time and still owe me Novembers rent. Surely if they want to keep me as a client they should actually give me a partial refund on their estate fees for not sticking to their agreement!

I don't think they want to keep you as a client