Estate agency and eviction

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Estate agency and eviction

    Hello

    My tenant was evicted. Does this mean that my relationship with the estate agency has ended ?

    I am not using this agency anymore as I am selling although I am still dealing with the agency regarding the deposit. I was advised to wait for 3 months. The Tenant did not ask for his deposit as he owes me quite a lot of money in rent.






    #2
    Why on earth did you let the agent protect the deposit?????

    Comment


      #3
      The deposit is with My deposits but it was arranged by the agency.

      Comment


        #4
        Originally posted by Perce View Post
        The deposit is with My deposits but it was arranged by the agency.
        Yes so you let them protect it. YOU need to get the cash, and protect it yourself in future, on mydeposits (or whatever) using your own account and in your own name. Not only do you need to do this so that you know it is protected, but also so that you can deal with it properly at the end (and not via an agent whose contract you have terminated and who couldn't give a stuff about you)

        Does your AST state that the deposit can be used for rental arrears, and does the PI given to tenant by agent (hopefully it was given) refer to this clause in the agreement.

        If T owes more money in rent than the size of the deposit, then initiate a court claim (MCOL). It is hard to know what to do about the agent playing games.

        Was it a mydeposits custodial or insurance scheme, and who actually has the money????

        Comment


          #5
          Yes the deposit can be used for rental arrears according to TA and it is in the PI given to the tenant.

          It was mydeposits insurance scheme because I need to wait for 3 months as advised by the agency and my deposits.

          The deposit will cover only 1 month of arrears.

          I have already issued many MCOL claims and managed to get some money via bailiffs but not all.

          I have also ssued Third Party Debt Order and got 5k. but there are still arrears outstanding and I will need to trace the tenant now to continue with MCOL and another TPDO.

          My ex tenant has not asked for his deposit back since more than a month has passed and I am sure he won't knowing him.

          Comment


            #6
            So if you have the deposit in your hands right now, why do you need/want the agent?

            Comment


              #7
              Sorry I was not very clear.

              The deposit is still with my deposits. It is not in my hands. I have to wait for 3 months to get it via my agent as they set it up.

              Comment


                #8
                Why do you need to wait 3 months? You should be able to put in a claim for the deposit now.

                The contract you have with the agency is separate from the tenancy agreement you had with the tenant so you will need to read the agreement with the agency to find out how to terminate it.

                Comment


                  #9
                  My deposit tells me that I need to wait for 3 months to claim the deposit.

                  Bailiffs/tracing agents also need 3 months to elapse before they start looking for the ex tenant's new address.

                  Before I start a new claim on MCOL for the outstanding amount I need to know if I get the deposit or not. If I raise a claim and include the amount of the deposit then I would not be able to claim the deposit ?

                  I need to check how to terminate the agreement with the agency. I thought once the tenancy is over the agreement with the agency also ends.





                  Comment


                    #10
                    Originally posted by Perce View Post
                    My deposit tells me that I need to wait for 3 months to claim the deposit.
                    3 months until... initiating the claim?

                    Originally posted by Perce View Post
                    Bailiffs/tracing agents also need 3 months to elapse before they start looking for the ex tenant's new address
                    Says who?
                    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                    Comment


                      #11
                      Given as you state tenant owes a lot of rent I'd concentrate on that "lot of money" rather than the presumably much smaller deposit.

                      Deposit is of course tenants money, Wouldn't want to queer larger rent claim by perhaps giving tenant grounds to challenge over deposit being taken.

                      But yes, contract or terms agreed with agent at start will govern if there is still a relationship.
                      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


                        #12
                        Theartfullodger - the ex tenant has not asked for his deposit back and he won't challenge it. The agency wrote to him but he did not reply. Soon it will be 2 months since the eviction.

                        Doobrey -

                        1 My bailiffs have already tried to find his address straight after the eviction but it was unsuccessful. Could not find any info at all. Also the tracing company I contacted directly advised me to wait for 3 months.

                        2. I will call again my deposits and my agency on Monday to confirm for how long I have to wait to initiate the claim and why I have to wait for 3 months.

                        Comment


                          #13
                          If the deposit is in a custodial scheme and the tenant is not co-operative, there is a single claim process, that used to need 3 months, but doesn't anymore (as far as I recall).

                          But most agents don't use custodial schemes.

                          People finding companies usually do suggest waiting for a bit.
                          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


                            #14
                            If we are talking about the time that the tenant has to respond to a claim, MyDeposits state 30 days.

                            The tracing agent that I used recently advised that it was not necessary to wait many months for someone to create a digital footprint at their new address. From memory I think they said to wait a month or two - or words to that effect. Having traced the address they said that the person began being linked to the new address around one month after leaving my property (and I think likely that they stayed somewhere else in between the two).
                            There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                            Comment


                              #15
                              Start court debt action today with the address you have for them, (property)?
                              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

                              Latest Activity

                              Collapse

                              Working...
                              X