Agent did not inform me of tenant going to prison

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    Agent did not inform me of tenant going to prison

    My letting agent was aware that my tenant was going to prison, but did not let me know. I now have a 12 month rental debt and they told me nothing about this. Is there anything I can do to get any of the money back?

    #2
    The tenant going to prison doesn't change the tenant's liability to pay you rent.
    How did you not notice that the rent wasn't being paid?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Yes this is something I am kicking myself for. As it is managed by an agency and is totally separate from my personal finances, I had ASSUMED the agency would of informed me if there were any problems so I was unaware. Now I know I was wrong!! The tenant is now back in the house and paying minimum rent, my agency is totally rubbish. They do not respond to emails without me chasing and they have not got a guarantor or a deposit from my tenant. I am now micromanaging the situation as I don't see any other way of re-cooping any monies. Is the agency responsible for any or the unpaid rents?

      Comment


        #4
        Yes, clearly, you sue tenant: You might try suing agent but the person who's owes is your tenant.

        Note Amoah v Barking and Dagenham LBC 2001 , Prisoner serving long sentence had not ceased to reside - he'd been banged up for 12 years.

        Suggest you serve s8g8,10&11 TODAY and start legal action asap. And in your shoes I'd fire agent - but only after I'd finished going through their complaints process and got ALL original documents and proofs of service of each: And then the redress scheme - see..
        https://england.shelter.org.uk/housi...edress_schemes

        Why wait until 12 months rent owing? You can serve a valid s8g10 if only 1p is unpaid for only 1 day.

        What training have you done in landlord/tenant law, please?
        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...

        Comment


          #5
          Thanks for your replies. I am not a property developer and I have this one small property that I could not sell when I got married. I put this with an agent hoping it would be my pension fund! I have no knowledge of landlord/tenant law which is why I used an agency. I am now left in the position of losing the lost rent and having to pay court fees to get them out or carry on as I am, getting a small amount back each month. Between a rock and a hard place. If I could sell I would.

          Comment


            #6
            You're making this into a problem when it's just a nuisance.

            First of all, there can't be too much financial pain, because you didn't even notice when the rent wasn't paid for a year.

            The tenant owes so much rent that repossessing the property wouldn't be an issue and the court would order the tenant to repay the rent owed, which you could then try and enforce (although getting money from someone who doesn't have it isn't possible).
            Your legal fees would be added to the debt (and are allowable against income for tax purposes).

            Then you could decide whether to sell the property or try and rent it again (bearing in mind that you need to manage your agent even if they are managing the rental property).

            If you don't want to evict the tenant, you need to agree with them how they're going to repay what they owe you.

            I don't understand how the tenant is paying "minimum" rent.
            The tenant has to pay the rent that they have agreed to, not a lower amount that they choose.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment

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