Home being repossessed - complicated issue

Bitsandbobs_2

Hoenir said:

Don't pay the agent anything further until they furnish your friend with a tenancy agreement. 

Can they backdate it? How do we know it's legal if LL can't be contacted? I guess agent needs some kind of authorisation from LL?

gelato_cat

Bitsandbobs_2 said:

I meant 13K mortgage arrears

Where do I edit the posts?

If you click the circle with the three dots on your post, you can edit it. See the below screen grab. 

Voyager2002

We do not know if the "agent" has any connection at all with the landlord. Since he has refused to give either a contract or any receipts, he might just be keeping the money for himself. I think that you should contact the police about this.

user1977

Voyager2002 said:

We do not know if the "agent" has any connection at all with the landlord. Since he has refused to give either a contract or any receipts, he might just be keeping the money for himself. I think that you should contact the police about this.

I can't see the police being remotely interested in the affairs between a landlord and their agent, especially if the landlord isn't making a complaint (and apparently isn't contactable).

elsien

So just checking, it’s an HMO with council tax and utilities included in the rent? 

BonaDea

user1977 said:

Voyager2002 said:

We do not know if the "agent" has any connection at all with the landlord. Since he has refused to give either a contract or any receipts, he might just be keeping the money for himself. I think that you should contact the police about this.

I can't see the police being remotely interested in the affairs between a landlord and their agent, especially if the landlord isn't making a complaint (and apparently isn't contactable).

But that's the point, is there any way of knowing that this person is actually the landlord's agent, if he won't show any authorisation?  Maybe he's just some bod who knows the landlord is off the scene and scented an opportunity to defraud the OP's friend.  I certainly think this all sounds very fishy and I wouldn't be paying him any more money.  

user1977

BonaDea said:

user1977 said:

Voyager2002 said:

We do not know if the "agent" has any connection at all with the landlord. Since he has refused to give either a contract or any receipts, he might just be keeping the money for himself. I think that you should contact the police about this.

I can't see the police being remotely interested in the affairs between a landlord and their agent, especially if the landlord isn't making a complaint (and apparently isn't contactable).

But that's the point, is there any way of knowing that this person is actually the landlord's agent, if he won't show any authorisation?  Maybe he's just some bod who knows the landlord is off the scene and scented an opportunity to defraud the OP's friend.  I certainly think this all sounds very fishy and I wouldn't be paying him any more money.  

It may well be fishy but it sounds unlikely that a landlord wouldn't have done something about it in (at least) two years.

p00hsticks

gelato_cat said:

Bitsandbobs_2 said:

I meant 13K mortgage arrears

Where do I edit the posts?

If you click the circle with the three dots on your post, you can edit it. See the below screen grab. 

The OP is a new user and so the edit function is probably not be available to them yet ....

Bitsandbobs_2

Voyager2002 said:

We do not know if the "agent" has any connection at all with the landlord. Since he has refused to give either a contract or any receipts, he might just be keeping the money for himself. I think that you should contact the police about this.

Enquired with a friend bit more. Agent used to collect rent for a LL back in a day when he had over 20 properties. Right now friend's place is the only one left, rest was sold and then LL flew back to Philippines. I am not sure if they pretend they're not in touch or anything or they collaborate and some of the rent goes to LL in exchange for an agent keeping some/most of it?

When my friend moved in 2 years ago, he was never given an agreement or had deposit protected, upon asking about it told that it's an agreement between him and LL and agent has absolutely nothing to do with it, but at the same time what are his grounds for collecting the rent on LLs behalf?

The property consists of 4 bedroom flat and then there's an 2 bedroom in annex with separate entry and all amenities occupied by elderly retired couple whose rent is being paid by council 

RAS

Bitsandbobs_2 said:

I meant 13K mortgage arrears

Where do I edit the posts?

I suspect you don't yet have the right to edit posts in MSE. It might be at the 10 post level? 

Under English law, contracts don't need to be written; the fact that your friend has paid rent in exchange for accommodation means that they are deemed to have a contract. Your friend may want to to contact the mortgage provider to let them know that there is a tenant.

The Council Tax situation is scary, as that is supposed to be paid by the occupier unless the property is an HMO. I'm guessing your friend only rents a room?

Occupiers usually pay utilities but again LLs often do for HMOs. If the account is in the LLs name, they are liable.

Since your friend hasn't got a written contract, then there was no fixed term, so this is probably a periodic tenancy. 

Does the tenant pay weekly or monthly? On what day did they first pay rent? And on what day(s) do they now pay rent? 

In the absence of a contractual amendment they probably need to give a month's notice if they want to move out. But the precise date when the notice is due depends on those dates.