managing agent not passing on rent - compensation due or not?

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    managing agent not passing on rent - compensation due or not?

    Hi - new to this forum, so hope this is the right place to post.

    basically high street agent failed to pass rent on for 3 months - all cleared up now (statement showing monies received ok) - assuming 'computer glitch' or something - didn't bother to go in to details
    question is- would there any form of compensation due?

    i.e. is, say waiving of management fees for 3 months something worth asking for, or is that waste of time and should this be put down to experience?

    thanks,

    D

    #2
    I think I might be looking for another agent. Not passing the monies on when due is a good sign an agent is going down the pan.

    Comment


      #3
      for sure, however they are quite a big player with high street over 150 offices..

      I do notice from property ombudsman code of practice terms and conditions that they have signed up to:

      "... to obtain prompt rental payments from tenants in accordance with their tenancy agreement and, when received, transfer those
      monies to the landlord promptly.
      "

      I wonder what the definition of 'promptly' is... you can bet if the shoe was on the other foot they would charge some sort of %

      nb - been ok for the last 5 years, so still would give them the benefit of the doubt and go with 'computer error', but even so, not sure if it's worth asking, that's all..

      thanks for the input.

      Comment


        #4
        If you ever fail to pay something on time, when you eventually pay, do you add extra for compo??
        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
          Tend to agree with replies above. This doesn't instill confidence in the agent, but I wouldn't expect compensation for what was probably just an oversight, and seems currently to have been a one-off.
          There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

          Comment


            #6
            Originally posted by theartfullodger View Post
            If you ever fail to pay something on time, when you eventually pay, do you add extra for compo??
            fair point. not unless obliged to, like late for a credit card payment, or phone, gas, electricity bill or something like that. Just question whether it's within my rights or even worth asking, that's all.

            Comment


              #7
              I'm not sure I have ever been charged penalties for late payment of utility bills. Generally I pay bills on time but the obvious exception, sometimes, would be utility bills when they get sent to the supply address and not passed on to me. I had one recently which I paid at least a year after it was originally issued. No interest or penalty added.

              HMRC do it, of course, without hesitation. Earns them no goodwill from me. :-)
              There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

              Comment


                #8
                What have they been like as an agency otherwise? There are so many cr@p agencies out there that if this was there only transgression, I would probably overlook it for fear of jumping out of the frying pan and into the fire.

                Comment


                  #9
                  Follow agency complaint procedure and if that fails use the Letting agency redress scheme, see how-to info from the helpful experts..

                  https://england.shelter.org.uk/housi...edress_schemes
                  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


                    #10
                    Originally posted by DPT57 View Post
                    What have they been like as an agency otherwise? There are so many cr@p agencies out there that if this was there only transgression, I would probably overlook it for fear of jumping out of the frying pan and into the fire.
                    to be honest, not too bad - couple of minor issues, but nothing to write home about. It's just that if they are supposed to transfer monies promptly, and haven't done, is it worth asking for a 'goodwill gesture' of, say 3 months' fees or something like that - or does that simply sound a bit crass?

                    Comment


                      #11
                      Originally posted by theartfullodger View Post
                      Follow agency complaint procedure and if that fails use the Letting agency redress scheme, see how-to info from the helpful experts..

                      https://england.shelter.org.uk/housi...edress_schemes
                      thanks for that - will have to think about that - i mean, don't really want to make a massive deal out of it - as far as the late payment is concerned, it's all done. Just 50/50 about whether a quick email asking for a 'goodwill gesture' is reasonable. A case of 'if you don't ask, you don't get'... on one side, and then not wanting to rock the boat, on the other!

                      thanks again for the input!

                      Comment


                        #12
                        Originally posted by dusty2020 View Post
                        is it worth asking for a 'goodwill gesture' of, say 3 months' fees or something like that - or does that simply sound a bit crass?
                        If its caused you financial difficulties, you could say that and ask if any compensation is due.

                        Comment


                          #13
                          Years ago in my 1st couple of years signed up locum doctor at hospital. I was working full time busy. After 6 months realized had no rent. Embarrassed at my stupidity. Wrote to him (before email was common) and had full cheque by return, he embarrassed likewise.

                          With the agent it might be a symptom of financial difficulties - if they do it to 25% of landlords a few won't notice. Keep an eye on them.
                          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


                            #14
                            Originally posted by dusty2020 View Post
                            question is- would there any form of compensation due?
                            For what loss would you be due compensation?

                            You were somewhat negligent in not noticing/addressing the problem the first time it happened.
                            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


                              #15
                              Point taken, but arguably I should expect monies to be delivered promptly as agreed (and have been in the past), without having to follow-up.

                              As others have mentioned, possibly just a one-off.

                              Comment

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