Change of letting agent

kkkklinky

Hi all.
Recently the property was bought at auction by a new owner, I received an email from an Estate Agent asking to pay my rent to them(they are a legitimate company)but the current letting agent whom I currently pay rent have no knowledge of them being replaced with a new letting agent and seem confused about whether I should pay my rent or not to the new agents.

Does anyone have any advice as I am completely confused and the council whom pay my rent won't change the payment based on an email regardless?

It does appear this letting agent has been hired by the new owner but no notification has been given to the current agents who are fully managing the property.

Brie

I would continue to pay the old agency until they confirm they are no longer managing the property.

kkkklinky

That's what I am doing but I am worried the new letting agents will get me evicted even though the owners are recieving my rent. It does appear they are legitimate but due to lack of experience by the new landlord they have not realised the contract needs to be cancelled/given notice before new agents take over.

theartfullodger

Has your new landlord (owner) served you valid s48 and/or s3 notices?  If not no rent due, possible fines maybe criminal 

propertyrental

Has the landlord complied with these 2 Acts?

https://www.legislation.gov.uk/ukpga/1985/70/section/3

https://www.legislation.gov.uk/ukpga/1987/31/section/48

It is for the (new) Landlord to decide who to appoint as his agent, and inform you. I would withold rent (put aside for later) and write asking where rent is to be paid.

gwynlas

I would respond to the email by telling the new letting agent that until such time as you have a new contract with landords name and appointing them as their agent that rent will continue to b paid to original agent who have yet to be told of a change in circumstances.
You will have fulfilled your obligations and there will be proof of payments made.

propertyrental

gwynlas said:

I would respond to the email by telling the new letting agent that until such time as you have a new contract with landords name and appointing them as their agent that rent will continue to b paid to original agent who have yet to be told of a change in circumstances.
You will have fulfilled your obligations and there will be proof of payments made.

There is absolutely no requirement for a new tenancy agreement/contract with the new LL. The existing TA remains valid and its terms (rent, fixed term expiry etc) remain unchanged.

Unless of course, both you and the New LL want a new contract and agree its terms.

I would also not continue to pay the old agent. You have as yet no idea where the money is due and because of that uncertainty, put the money aside for now. You could certainly email both agents, and the old LL, explaining what you are doing and why.

Unless the new LL has complied with S3 above, I would not include him as you have no evidence he IS now your LL.

theartfullodger

propertyrental said:

gwynlas said:

I would respond to the email by telling the new letting agent that until such time as you have a new contract with landords name and appointing them as their agent that rent will continue to b paid to original agent who have yet to be told of a change in circumstances.
You will have fulfilled your obligations and there will be proof of payments made.

....

Unless the new LL has complied with S3 above, I would not include him as you have no evidence he IS now your LL.

Nothing to stop you asking new ll for proof he is 

kkkklinky

I will refer to current letting agent and "future letting agent as LB and FS.

I have received no documents from current owner or either of my letting agents, I only know there is a new owner because LB told me when I contacted them regarding the rent situation. My rent is paid by the council directly to LB on owners behalf(the previous owner contracted them as LAs, but rent now goes to new owners), the council will not change the rent because there is no proof that any change of letting agent or owner has taken place and they are wary of payment changes(without evidence) to prevent tenants paying relatives etc.

The other issue is that LB needs to be given 2 months notice of contract termination before FS can take over, the new owner was aware there was a letting agent managing the property when they bought it but didn't understand the requirement that LB has to be given notice (this was stated in the auction documentation) since they are first time landlords.

All I have is an email from FS asking me to pay rent to the company bank account(council won't accept it).

@propertyrental - ive had no direct or documentary contact from the owners or FS(only email with bank account details no other info), so I only have the word of FS they are even representing the new owners, that's the issue. Although there are definitely new owners that much I can confirm.

propertyrental

kkkklinky said:

The other issue is that LB needs to be given 2 months notice of contract termination before FS can take over, the new owner was aware there was a letting agent managing the property when they bought it but didn't understand the requirement that LB has to be given notice (this was stated in the auction documentation) since they are first time landlords.

Why should the LL be required to give notice to end a contract that does not exist between LL and old agent?

kkkklinky

propertyrental said:

kkkklinky said:

The other issue is that LB needs to be given 2 months notice of contract termination before FS can take over, the new owner was aware there was a letting agent managing the property when they bought it but didn't understand the requirement that LB has to be given notice (this was stated in the auction documentation) since they are first time landlords.

Why should the LL be required to give notice to end a contract that does not exist between LL and old agent?

It's what I was told by LB, it may be wrong.

The fact remains I have received no documentation regarding a new owner or an S3, documentation the council needs in order to change whom my rent is paid too, and documentation I want for obvious peace of mind(especially as money is involved). As a result I cannot change the rent payment even if I wanted too. LB have stated that when they get confirmation that LL has contracted FS they will send me documentation confirming the change but FS are not responding to email requests or phone calls.