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  • FIRST POST
    • ginashamz
    • By ginashamz 12th Jan 19, 3:10 PM
    • 103Posts
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    ginashamz
    Letting agent is not paying me my rent? What can I do?
    • #1
    • 12th Jan 19, 3:10 PM
    Letting agent is not paying me my rent? What can I do? 12th Jan 19 at 3:10 PM
    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?
Page 1
    • pinkshoes
    • By pinkshoes 12th Jan 19, 3:21 PM
    • 16,326 Posts
    • 22,485 Thanks
    pinkshoes
    • #2
    • 12th Jan 19, 3:21 PM
    • #2
    • 12th Jan 19, 3:21 PM
    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
    • By csgohan4 12th Jan 19, 3:24 PM
    • 5,623 Posts
    • 3,669 Thanks
    csgohan4
    • #3
    • 12th Jan 19, 3:24 PM
    • #3
    • 12th Jan 19, 3:24 PM
    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"
    • ginashamz
    • By ginashamz 12th Jan 19, 4:26 PM
    • 103 Posts
    • 18 Thanks
    ginashamz
    • #4
    • 12th Jan 19, 4:26 PM
    • #4
    • 12th Jan 19, 4:26 PM
    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
    • By G_M 12th Jan 19, 4:30 PM
    • 47,453 Posts
    • 57,950 Thanks
    G_M
    • #5
    • 12th Jan 19, 4:30 PM
    • #5
    • 12th Jan 19, 4:30 PM
    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?
    Last edited by G_M; 12-01-2019 at 4:32 PM.
    • theartfullodger
    • By theartfullodger 12th Jan 19, 4:35 PM
    • 10,212 Posts
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    theartfullodger
    • #6
    • 12th Jan 19, 4:35 PM
    • #6
    • 12th Jan 19, 4:35 PM
    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
    • By HampshireH 12th Jan 19, 4:39 PM
    • 1,481 Posts
    • 1,814 Thanks
    HampshireH
    • #7
    • 12th Jan 19, 4:39 PM
    • #7
    • 12th Jan 19, 4:39 PM
    .... you employed an agency without seeing/signing a contract of terms?
    • HampshireH
    • By HampshireH 12th Jan 19, 4:41 PM
    • 1,481 Posts
    • 1,814 Thanks
    HampshireH
    • #8
    • 12th Jan 19, 4:41 PM
    • #8
    • 12th Jan 19, 4:41 PM
    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
    • By ginashamz 12th Jan 19, 4:45 PM
    • 103 Posts
    • 18 Thanks
    ginashamz
    • #9
    • 12th Jan 19, 4:45 PM
    • #9
    • 12th Jan 19, 4:45 PM
    Right, so how can I check if the deposit was registered?
    • ginashamz
    • By ginashamz 12th Jan 19, 4:48 PM
    • 103 Posts
    • 18 Thanks
    ginashamz
    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
    Originally posted by HampshireH
    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
    • By G_M 12th Jan 19, 4:50 PM
    • 47,453 Posts
    • 57,950 Thanks
    G_M
    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?
    • Pixie5740
    • By Pixie5740 12th Jan 19, 4:54 PM
    • 13,751 Posts
    • 19,865 Thanks
    Pixie5740
    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?
    Originally posted by ginashamz
    Your nae having much luck with this tenancy OP.

    https://forums.moneysavingexpert.com/showthread.php?t=5944362
    • pinkshoes
    • By pinkshoes 12th Jan 19, 6:38 PM
    • 16,326 Posts
    • 22,485 Thanks
    pinkshoes
    Right, so how can I check if the deposit was registered?
    Originally posted by ginashamz
    This was/is YOUR responsibility...

    You check with the deposit protection schemes.

    If it was agreed that the agency protected the deposit, then ask them which scheme it is in.

    Nevertheless, it is your responsibility to check that it has been done.
    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!)
    • ginashamz
    • By ginashamz 13th Jan 19, 6:23 PM
    • 103 Posts
    • 18 Thanks
    ginashamz
    If the letting agent is not playing ball with me, i.e. they do not provide a copy of the contract or provide proof that the tenants deposit went through a deposit scheme, what rights do I have?

    Would I have to take the letting agent or the tenants to court??
    • HampshireH
    • By HampshireH 13th Jan 19, 6:49 PM
    • 1,481 Posts
    • 1,814 Thanks
    HampshireH
    Why would you take your tenants to court?

    They paid their rent to someone whom you instructed them to do so.

    Just because you allegedly employed them without knowing the terms and conditions. It is not your tenants fault you don't know what you are doing.

    I feel sorry for them. If you cannot evidence you have protected their deposit they can take YOU to court and they may win up to 3 times the deposit amount. Ignorance on your part isn't a defence.
    • Marvel1
    • By Marvel1 13th Jan 19, 7:11 PM
    • 3,982 Posts
    • 4,398 Thanks
    Marvel1
    Would I have to take the letting agent or the tenants to court??
    Originally posted by ginashamz
    Who do you think?

    The tenant has shown me proof that he has paid the letting agent
    Originally posted by ginashamz
    Hint: The thread title.
    • ginashamz
    • By ginashamz 13th Jan 19, 7:25 PM
    • 103 Posts
    • 18 Thanks
    ginashamz
    Why would you take your tenants to court?

    They paid their rent to someone whom you instructed them to do so.

    Just because you allegedly employed them without knowing the terms and conditions. It is not your tenants fault you don't know what you are doing.

    I feel sorry for them. If you cannot evidence you have protected their deposit they can take YOU to court and they may win up to 3 times the deposit amount. Ignorance on your part isn't a defence.
    Originally posted by HampshireH
    Surely if you give full management to the letting agent it is their responsibility to set up the deposit through a registered body??
    • Marvel1
    • By Marvel1 13th Jan 19, 7:30 PM
    • 3,982 Posts
    • 4,398 Thanks
    Marvel1
    Surely if you give full management to the letting agent it is their responsibility to set up the deposit through a registered body??
    Originally posted by ginashamz
    Tenant claims from you, and whatever you had to pay the tenant, you then claim from the letting agent.
    • HampshireH
    • By HampshireH 13th Jan 19, 9:17 PM
    • 1,481 Posts
    • 1,814 Thanks
    HampshireH
    Your responsibility to check it is done.

    Your tenants sue YOU.

    Its doen to you to deal with the agent
    • ginashamz
    • By ginashamz 15th Jan 19, 11:59 AM
    • 103 Posts
    • 18 Thanks
    ginashamz
    UPDATE:


    I visited the letting agent yesterday and they provided me with a copy of the contract. They also finally made payment for 1 month. Here is where it gets confusing. I am owed 2 full months rent December 2018 and January. I also owed partial rent for November as the tenants moved in 25th November (and will move out on the 31st January).


    So far I have been paid the following:
    -1 month full rent at 1000 PCM
    - and 1 month rent minus estate agent fees for the 6 month letting = 322


    The estate agent fees comprises of 8% rent plus VAT per month plus 50 deposit fee. For 6 months, this equates to 668.


    So what they did was deduct 668 from December's rent (1000 PCM) which equals 332.


    Therefore, I am still owed Novembers rent from 25th to 30th Nov.


    What I do not understand is why the estate agent are charging me 6 months fees when the tenants are moving out on the 31st January. Surely they should be charging only for the months the tenants have occupied the flat?


    Furthermore, they have not paid me on time and still owe me Novembers rent. Surely if they want to keep me as a client they should actually give me a partial refund on their estate fees for not sticking to their agreement!
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