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

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ginashamz
ginashamz Posts: 199 Forumite
in House buying, renting & selling
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?
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  • pinkshoes
    pinkshoes Posts: 20,089 Forumite
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    Have you written them a letter giving them a 7 day deadline to transfer the money?

    What does your contract say about payment?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
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    Letter before action always before taking them to court, what is written in your contract regarding breaking the contract?
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • ginashamz
    ginashamz Posts: 199 Forumite
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    Ok, so I have not seen the contract and neither do I have a copy of the contract. I was in a rush when letting out as I was abroad throughout December - so I left it all to the letting agent to sort out.

    No, I have not written a letter. Can anyone please provide a general template as to what I should write? Should I send it as recorded delivery??
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 12 January 2019 at 5:32PM
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    1) The rent
    What does your contact with the agent say about passing on rent? Enforce the contract, initially with a written request, then a Letter Before Action, then court


    2) The tenant
    Did the agents consult you before

    a) agreeing to release the tenants from their 6 month contract and
    b) finding new tenants?
    What delegated powers have you given the agent? Have they exceeded this or are they doing what you agreed to pay them to do?

    3) Fees
    What new/additional fees/costs are you now likely to face?
    a) void between tenants
    b) tenant find fee charged by agent
    c) property maintenance (there's almost always something needed between tenants)


    Read:
    * Letting agents: how should a landlord select or sack?
  • theartfullodger
    theartfullodger Posts: 14,601 Forumite
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    You write to agent then follow their complaints process. If unhappy with the outcome (or lack of one..) you follow the letting agent redress scheme: That's what it's for! See..
    https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_redress_schemes
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    .... you employed an agency without seeing/signing a contract of terms?
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    Oh! Completely misread that. So you do have a comtract with the agency. Just haven't seen the tenant contract.

    What does your contract say about payment of monies owed? If you haven't received december or january what have you received? I would check deposot was registerd
  • ginashamz
    ginashamz Posts: 199 Forumite
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    Right, so how can I check if the deposit was registered?
  • ginashamz
    ginashamz Posts: 199 Forumite
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    HampshireH wrote: »
    Oh! Completely misread that. So you do have a comtract with the agency. Just haven't seen the tenant contract.

    What does your contract say about payment of monies owed? If you haven't received december or january what have you received? I would check deposot was registerd

    I need to get a hold of the contract first to see what it says. I will go to the letting agent on Monday and demand them to provide me with the contract
  • G_M
    G_M Posts: 51,977 Forumite
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    Good grief! You are a landlord!


    You don't know about deposit protection?
    You don't have a copy of your own contract with your agent?
    Just what do you know about this business you are running....?


    Read:
    ** Tenancies in Eng/Wales: Guides for landlords and tenants
    This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.

    Topics covered:

    * Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

    * Deposits:     payment, protection and return

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

    * Rent increases: when & how can rent be increased?

    * Repossession: what if a LL's mortgage lender repossesses the property?

    * New landlords: advice, information & links

     * Letting agents: how should a landlord select or sack?
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