Terminate agent contract owing to rent arrears

[gokuldass]

The letting agent has been always been late in settling rents inspite of several calls a day. We are owed 3 months rent. There is no sign of the arrears being settled. The termination notice demands that i serve 2 months notice and if I keep the tenant i will have to pay 2500. I will lose 5 months rent. As per other reviews on his website, he has done exactly the same with other tenants. How do i get rid of this agent?

[mariner]

Read your Agency Contract carefully and take expert Legal advice. Join NLA/RLA?

[jpkeates]

I'd instruct the tenant to pay the rent to you directly and (if the contract requires it) then remit the fees to the agent while they serve notice.
They won't be able to enforce the £2500 fee through the courts as it's a penalty charge.

Your issue will be a) any deposit the agent has and b) they'll have all of the documentation. But the situation isn't tenable, and, form the sounds of it, they could go bump at any point, so you won't be worse off.

[HantsAgent]

Seconded (assuming the agent has had the rent and it’s not the tenant at fault, if probably still sack the agent even if this is the case).

Any agent in this position is either running a scam (openly, it appears) or on their way to insolvency (risking your money).

I’d contact the tenant first and explain the situation. Then tell them you are taking over directly and they are to pay and deal with you from now on.

Then I’d visit the agent’s offices, tell they are to have no more involvement with the property and demand the keys and paperwork. If they believe they are owed anything by you they can put it writing and you’ll seek legal advice.

[gokuldass]

Thanks the advise. I will also involve a solicitor so that there are no loose ends.

[HantsAgent]

Is the tenant paying the rent and the agent isn’t passing it on? Or is the tenant in arrears and not paying?

[gokuldass]

The tenant is upto date with the rents. The agent is not passing it on. He has been getting away with this behaviour for a long time as per the local solicitors.

[leaseholder64]

If they are a company or LLP, also set a monitor on them at beta.companieshouse.gov.uk

[HantsAgent]

The tenant is upto date with the rents. The agent is not passing it on. He has been getting away with this behaviour for a long time as per the local solicitors.

In which case you need to act quickly to get rid of the agent and get your money.

A visit in person is a lot more effective than any other means of communication.

I’d also start checking that the deposit has been registered (if they did this for you). As I said previously they’re either in financial trouble or they’re planning to do a runner with your (and everyone else’s) money. Either way I’d say there’s a good chance the deposit isn’t protected properly or the actual funds are missing.

[gokuldass]

I served a notice through solicitor. The agent denied owing me rents and offered to take us to courts to make us pay the fee.

[HantsAgent]

Unfortunately I think you will find they disappear before you get a chance to take them to court.

Contact the tenant directly and explain everything. Take over management yourself and hope the tenant takes pity on you (IE. doesn’t start looking into whether the deposit was registered correctly/at all and whether all the correct paperwork was issued prior to move in).