Agent not paying rent to landlord

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    Agent not paying rent to landlord

    My agent has stopped paying me rent for the last 2 months. I signed the contract for 1 year. Agent has already taken his 10% commision of the total rent for the year in the first 2 months and is holding the deposit as well. After the first 2 months, (first month when i was going to get the rent) he has stoped paying me. I noticed that the rent was not paid after 3 weeks of the due date. I called the agent and he told me that there was the problem with the tenant and thus, the rent got delayed. He paid the rent in next 4 working days and assured me that this will not happen again.


    Then I am not paid for the next 2 months. When I asked the agent, he started telling me that the tenant is having some difficulties and is not paying up on time. He is chasing this for me and I shouldnt be too worried. I have got good relations with the tenant and he has proved me that he is paying on time and has shown me the receipts.

    My estate agent has sent me emails saying that the tenant has some problems and the rent is getting delayed by the tenant. I told the agent that I have spoken to the tenant and he has shown me the receipts. Then he confessed that he is having some problems with the standing orders and will be sorted in 2 days. Its over a week since his last promise but I am still waiting.

    What options do I have here? What can I do? I rented my proerty because I was finding it difficult to manage. Now with the rent not getting paid on time and huge loans and mortgage to pay, I am feeling lot of pressure and haven't got a clue, how to handle this?

    Can some nice soul please help me, what shall I do? I am going to talk to the agent on Tuesday and need some advise. Can I send him a letter to pay me the interest for the late payment so that he doesnt do this thing again. There must be surely something, I could do, without spending too much money with the solicitors.

    Ta,
    Tim

    #2
    You have described all the warning signs of a firm about to go bust, Speak to your T. get him to pay you direct. Tell the agent what you are doing and that he will get his share, as per contract, when you get your rent.Do not forget that you are responsible for the Ts deposit, which should be in a TDS, are you sure it is. Don't delay, if the firm goes down you are just another creditor!
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      see this post

      http://www.landlordzone.co.uk/forums...ad.php?t=13189
      Ambition is Critical

      I don't profess to be a knowledge in all areas, my advice is based on life experience.

      Comment


        #4
        Help pls

        Thanks for your guidance guys.

        I have spoken to the agent and he is happy to pay me direct. Agent has already taken his commission for the whole year in advance (by almost first 2 month's rent). Property is only rented for 4 months and I am not paid for last 2 months, meaning I am not paid anything in last 4 months.

        If I tell the agent that I am going to sort out myself with the tenant, why do I need to pay the tenant for the year? How can I recover last 2 month's rent and the advance that he is already taken as his commission for the whole year.

        Can you please write me the plan of action as I am not sure, what to do?

        Thanks for your help.
        Tim

        Comment


          #5
          To be honest this last post is not very clear.
          I think you are mixing up Tenant and agent in your post.

          It's difficult to advise when I feel you don't really understand what you've signed in for and how much this agent is fleecing you for.
          Read the other post I linked to and follow the action advised in it.
          Go directly to your TENANT for the rent and give your AGENT notice.
          Ambition is Critical

          I don't profess to be a knowledge in all areas, my advice is based on life experience.

          Comment


            #6
            I am going through the same thing but as a tenant. Landlord not being given any money from agent, impossible to contact agent unless in talks about payment to them. Paid my rent to landlord on 23rd June, what can the agent do? I don't want to be thrown out. Have meeting with landlord on Monday.

            Comment


              #7
              I think you are doing the right thing by paying the landlord direct.

              LA can do nothing to you as you are paying the rent and your contract is between tenant (you) and landlord not you and agent.

              Leave the L to sort out his issues with the LA.

              Comment


                #8
                Thank you. I think the LA is going out of business.

                The only contact I have had with them is when I first moved in and from one email after, no replies to any others. They only contacted me recently as my rent is due (was due 23rd June).

                Thankfully I hadn't set up a SO with the LA and the landlady contacted me that day to tell me they hadn't received anything money or contact from them and to hold off paying them, later the landlord asked me to pay them direct so I did.

                Told LA that I was waiting for a cheque to clear.

                The LA has no premises on any high street, just one office in a business park, no cars with their name on, no boards, and no advertisements anywhere. When you go to their offices you have no clue where they are, go to the unit number and no name anywhere, you have to go through the gates of the car park to find them and even then they have no signs on the onside, the door is locked and no signs inside just one desk in front of a partition.

                Should I just ignore letters from the LA, should I tell them I am only dealing with the landlord now?

                Thing is I can't afford to pay another deposit to the LL

                Comment


                  #9
                  Originally posted by debrag2008 View Post
                  Thank you. I think the LA is going out of business.

                  The only contact I have had with them is when I first moved in and from one email after, no replies to any others. They only contacted me recently as my rent is due (was due 23rd June).

                  Thankfully I hadn't set up a SO with the LA and the landlady contacted me that day to tell me they hadn't received anything money or contact from them and to hold off paying them, later the landlord asked me to pay them direct so I did.

                  Told LA that I was waiting for a cheque to clear.

                  The LA has no premises on any high street, just one office in a business park, no cars with their name on, no boards, and no advertisements anywhere. When you go to their offices you have no clue where they are, go to the unit number and no name anywhere, you have to go through the gates of the car park to find them and even then they have no signs on the onside, the door is locked and no signs inside just one desk in front of a partition.

                  Should I just ignore letters from the LA, should I tell them I am only dealing with the landlord now?

                  Thing is I can't afford to pay another deposit to the LL
                  The deposit is not your problem. It is the landlords. If the landlord is unable to get the deposit back from the agent he will have to pay you himself. Was the deposit protected within a scheme?

                  Comment


                    #10
                    thats good then

                    Comment


                      #11
                      Originally posted by MrAgent View Post
                      The deposit is not your problem. It is the landlords. If the landlord is unable to get the deposit back from the agent he will have to pay you himself. Was the deposit protected within a scheme?
                      I posted this from the point of view of the tenant, of course - from the point of view of the landlord it is not good news!

                      Comment


                        #12
                        Sorry yes good for me but not the LL.
                        Do we write up a new agreement?

                        Comment


                          #13
                          Letting agent holding back some rent

                          Strange this happened to me too. My tenant has decided to leave in six weeks and has not yet given her notice formally. She let us know and the agent but has yet to put in writing as she will give a month's notice nearer the time. I am fine with this; she had been a great tenant and has always paid the rent on time. This month, I noticed that the letting agent had withheld £200 of my rent money. When I asked why this was, they explained that this was quite a new thing and was in their new 'terms and conditions' (which I have not seen or agreed to) and that this money was held back in case their maintenace department needed to do any repairs when the tenant moved out. I have always done all my own repairs (which have been very few thankfully) and they were aware that I had a friend who did this for me. What is the deposit for if it's not for repairs and breakages when the tenant moves?? What if I could not have covered the mortgage because they had stopped this money? I was furious!!! This is a sneaky move and I threatened them with legal action if they did not put the money in my bank again. They have agreed to do this and apologised. Flippin cheek!!!

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