Rental Company Not Paying me? Can I dump them

Jamsmyth

So I have had a property with a company for 3 months now. I signed rental agreement etc when I first signed up with them but I have not had a payment from them since the tenant moved in. I have contacted them several times by email and phone but just given canned answers. Do you think I am within my rights to simply switch to another company now?

FlorayG

I think you are within your rights to demand payment - what does it say in your agreement? Normally they say payment to landlord every month. Are they local? Go round to their office in person. Also, if they are in breach of the agreement then it becomes invalid so yes, I would think you can 'dump' them

Jamsmyth

FlorayG said:

I think you are within your rights to demand payment - what does it say in your agreement? Normally they say payment to landlord every month. Are they local? Go round to their office in person. Also, if they are in breach of the agreement then it becomes invalid so yes, I would think you can 'dump' them

Yeah I have someone looking at agreement now but its fairly ambiguous on exit options. Not local unfortunately and only seem to be getting a front of house member of staff when I call and nobody higher up the chain willing to talk to me. Feels very iffy from a company presenting itself as 4 offices and lots of staff.

BonaDea

Is the tenant paying you through this company?  If so the first thing I would do is to get in touch with the tenant and arrange to be paid direct. I'd also want to check that they'd received all the paperwork that they should have and that their deposit was definitely protected. Then work out how to 'sack' the recalcitrant agency, appoint another, and take the first to the small claims court.  

Bookworm105

Jamsmyth said:

FlorayG said:

I think you are within your rights to demand payment - what does it say in your agreement? Normally they say payment to landlord every month. Are they local? Go round to their office in person. Also, if they are in breach of the agreement then it becomes invalid so yes, I would think you can 'dump' them

Yeah I have someone looking at agreement now but its fairly ambiguous on exit options. Not local unfortunately and only seem to be getting a front of house member of staff when I call and nobody higher up the chain willing to talk to me. Feels very iffy from a company presenting itself as 4 offices and lots of staff.

only you can read the contract, we can't advise you if your actions will breach it if you "leave"

DullGreyGuy

Jamsmyth said:

So I have had a property with a company for 3 months now. I signed rental agreement etc when I first signed up with them but I have not had a payment from them since the tenant moved in. I have contacted them several times by email and phone but just given canned answers. Do you think I am within my rights to simply switch to another company now?

What do the terms state about payment or statements?
Did you pay the setup fees in advance or agree them to take from the rent?
Is it a fully managed service or just rent collection?

vacheron

Not to cause any undue alarm, but are you sure they are a legitimate letting agent?

Just I watched a documentary a couple of weeks ago about a growing trend of fraudsters who are setting themselves up as letting agents, collecting the money from the tenants for a few months until the pressure from the landlords for payment reaches breaking point, then doing a runner.  Many had also changed the locks on the owners house when they came to gain entry and were letting them out as HMO's when the landlords believed that they were renting to a family. 

Voyager2002

Jamsmyth said:

FlorayG said:

I think you are within your rights to demand payment - what does it say in your agreement? Normally they say payment to landlord every month. Are they local? Go round to their office in person. Also, if they are in breach of the agreement then it becomes invalid so yes, I would think you can 'dump' them

Yeah I have someone looking at agreement now but its fairly ambiguous on exit options. Not local unfortunately and only seem to be getting a front of house member of staff when I call and nobody higher up the chain willing to talk to me. Feels very iffy from a company presenting itself as 4 offices and lots of staff.

Not really necessary...

If one party to a contract fails to fulfil their obligations, the contract becomes void.

GrumpyDil

Voyager2002 said:

Jamsmyth said:

FlorayG said:

I think you are within your rights to demand payment - what does it say in your agreement? Normally they say payment to landlord every month. Are they local? Go round to their office in person. Also, if they are in breach of the agreement then it becomes invalid so yes, I would think you can 'dump' them

Yeah I have someone looking at agreement now but its fairly ambiguous on exit options. Not local unfortunately and only seem to be getting a front of house member of staff when I call and nobody higher up the chain willing to talk to me. Feels very iffy from a company presenting itself as 4 offices and lots of staff.

Not really necessary...

If one party to a contract fails to fulfil their obligations, the contract becomes void.

But until OP finishes checking the contract we don't know what the obligations are.

And not an accurate response anyway as you would need to assess the seriousness of the breach first. 

eddddy

Jamsmyth said:

I signed rental agreement etc when I first signed up with them but I have not had a payment from them since the tenant moved in. I have contacted them several times by email and phone but just given canned answers. Do you think I am within my rights to simply switch to another company now?

Just to make sure...

Is the company a letting agent who is supposed to be collecting rent on your behalf, deducting their fees, and paying you the balance?

Your description above makes it sound a bit like your tenancy agreement is with the company, and they sub-let to tenants - i.e. it's a "rent to rent" or "guaranteed rent" scheme.

If it's a "rent to rent" or "guaranteed rent" scheme, the company will be your tenant and your options will be different. 

theartfullodger

Depends what agreement you signed says.

But I'd go the "letting agents redress scheme" route - see...
https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_redress_schemes
- which means you have to go through agent's complaints process.

Write to the directors & you main contact raising complaint (having found out how they say you must do it) informing them you are going the letting agent redress scheme route....