Agent Delaying passing rent

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    Agent Delaying passing rent

    Since the tenancy started, the rents had been delayed. It happened twice in last 5 months that 2 months’ rent had been withheld by Letting agent without providing any reasons of delay. The emails been exchanged with accounts department and lettings agent to get first 2 months’ rent and eventually paid after 2 months of chasing. Then last 2 months’ rent is pending. Finally, I have sent a formal complaint email to letting agent, who is member of Property Ombudsman Service, asking about 2 months outstanding rent and a proposal that should be paid asap and future payments to be transferred directly to my account rather than agent's.

    I am slightly nervous if I have made a mistake as Letting agent is still holding 2 months rent which tenant has already paid. My query is why would Agent be bothered about the complaint?
    Have I done right thing?

    Any response be appreciated.

    #2
    If your complaint reply is unsatisfactory take the matter to the letting agent redress scheme
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Contact tenant and instruct them (as you are entitled to do) to pay rent directly to you in future. Then pay your agent's fee out of that. If the agent attempts to obstruct the process then inform them that they are no longer acting for you in respect of the tenant, but that you will continue to pay their fee in accordance with your contract.

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        #4
        Hi AndrewDod,

        Firstly thanks for your reply. This is what exactly I would have wanted. But are you sure I can do that or otherwise Tenant can do it?

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          #5
          ** READ ** your contract with agent.

          Unless there is some very strange clause, or the agent is in fact your tenant -- there is nothing stopping you from discharging an agent from acting as YOUR agent. Refusing to pay their fee on the basis of inadequate service is a harder step -- but you cannot (generally) be compelled to have an agent act as your agent.

          I would write a formal letter to the agent discharging them from their duties given their behaviour. INSTRUCT the tenant to follow your instruction .

          If the money is not received write a letter before action and proceed to MCOL.

          We assume that you know that the tenant is actually paying rent??

          In the meantime you are obviously going to be telling everyone in the local area to avoid this agent. If you are 100% sure of your facts and can document them, set up a little web-page about your experiences, naming the agent.

          I have no experience of the Property Ombudsman Service but the role of Ombudsman Services in general is to smooth over and collude.

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