(Bad) estate agents pursuing my (good) old landlord

maa299

I rented a flat for 2 years ending June last year. The second year I was without a contract, as I trusted the landlord and the agents hadn't been at all helpful when I had a problem in the first year.

Now the agents have written to the landlord, demanding about £900 in outstanding commission. They managed to find out the date when I moved out, so they've calculated "accurately".

I've told my landlord not to worry, as I never signed a 2nd yr contract via the agents. Do you know if he'd still be liable? He's asked me if I'd be willing to sign a backdated contract with him, should the matter come to that.

I just feel sorry for the guy, as he was really helpful and easygoing when I moved out on short notice. And the agents have only been cold-calling me and using lies to find out info etc.

tbs624

maa299 wrote: »

I rented a flat for 2 years ending June last year. The second year I was without a contract, as I trusted the landlord .........I've told my landlord not to worry, as I never signed a 2nd yr contract via the agents.

If neither you nor the LA/LL gave notice at the end of your fixed term, but you continued in the property then you will have been on a Stat Periodic Tenancy, ie, one running from month to month. Did you pay your rent via the LA or direct to the LL ?

RHemmings

I would feel inclined to help the landlord within the limits of the law. But signing a backdated document. That sounds as if it might cross the line into the realm of fraud. I'd be careful about that.

maa299

Hi chaps - I was paying rent directly to my landlord every month. My (cash) deposit remained with the agents as payment of the 1st year commission; my landlord gave me a cheque drawn on his own funds when I left at the end of the 2nd year as refund of my deposit.

I never gave formal notice to leave, but I never formally renewed my tenancy after the 1st year either. There also wasn't a third party inventory.

The only document that exists is the (lapsed) 1st year agreement. After that, all agreement was verbal between me and my old landlord.

Does the landlord need to listen to the agents anyway? They say he does because of Ts & Cs in the original agreement.

I suppose I could write a (presently dated!) letter saying that I had no running relationship with the agents at the time when my 1st year ended and I chose to stay on of my own accord and on the basis of my relationship with the landlord alone. Do you think that would help?

Bungarm2001

It does depend entirely on the original T&C's on the document signed by your LL and the LA.

If he signed something that effectively gave them the right to collect commission on your rental payments until you ended the tenancy after a periodic let, formally or not, then on paper, they are almost certainly within their rights to demand this commission.

BUT, having said that, to be honest, what with OFT and the Foxtons case etc etc a court (if it went that far) might well decide that the clauses in the T&C's are unfair (since after your first 12 month contract went to a periodic let there was no involvement with the LA with you or the LL)

If I was the LL concerned, I'd be telling them to go take a funny run, and see what their next move would be, but then thats just bolshy me.

SquatNow

Did your first year end after 6th April? If it did and your landlord gets you to sign a backdated contracted, he'll be f**ked over for not registering your deposit!

maa299

Thanks - my 1st year ended in June 2006. I left June last year.

Would you believe the cheeky agents have been phoning me about council tax in order to find out exactly when I left?

They claim that they're "sorting out" a mix up (on behalf of the council, no less) between me and the new tenants. This a year after my departure, and from a mob who never managed the property, have no relationship with the landlord, and who never helped me out when I had problems of my own there!

clutton_2

do nothing, say nothing, keep out of it - its not your problem - really its not - just refuse to speak to LL or LA - you will get suckered into something that has nothing whatsoever to do with you - its for the agents and the LL to sort this out - leave well alone

Bungarm2001

The LA is being a bit more than cheeky. It's up to the council and the LL/LA to sort the council tax out. As long as you told the council when you moved out then you now have nothing to do with any of it.

As Clutton says, it really isn't your problem. Let them sort it out. Don't get sucked into what could turn out to be a legal argument

maa299

Thanks - there is no problem with the council tax...just a lie from the agents to get me to talk!

clutton_2

if they contact you just say "I suggest you talk to the LL" and say cheerio and put the phone down