Agent doesn't collect rent but still charges fees

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    Agent doesn't collect rent but still charges fees

    We have just regained possession throught the courts, of our property from a tenant who had paid rent for 6 months. Throughout this time, our managing agent charged us 10% of the rent we should have been receiving. We felt we had to pay this as we needed the information they held for the court case. The final straw is that now they have sent us a bill from the day the court order was made in June until the day the bailiffs finally evicted him in August. Is this legal? If so, we should have reduced the non-paying tenant's rent to £1 per month for the last few months as it would have greatly reduced our agents costs.

    #2
    Read your terms of business with the agent if you have one; if not it's up to you to dispute their actions and charges if you feel they are unreasonable.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      Hi

      It's not mention as such in our agreement, but wondered if the phase "10% of the reserved rent will be charged for management fees" is some kind of cop out.

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        #4
        The agent still has to offer a service for their charges/fees and it should be defined within the TOB. What do they contract to do for their 10%? If as it appears it's very little or even nothing then dispute it.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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          #5
          interestingly I cannot find anything in our sole agency agreement about what their obligations are, but plenty in the tenancy agreement about the landlord's obligations and the tenant's. Also the tenant paid a deposit of 6 weeks rent to the agency. They said they paid one months rent into our account but that leaves £300 unaccounted for. We have asked several times what happened to the remainder and the accountant hinted that it had been used to pay for what the tenant owed them in reminder letters. We started the tenancy in 2004 - is it OK that the agency can dole out the deposit as he sees fit and keep his own expenses from the tenant from it or should he have had it protected. Also we have asked what references they took from this guy in case we need to trace him. The answer is:a mobile phone bill, a letter of commendation from his brother and a letter from the magistrates court.

          It seems to me as a landlord my debt are building up as i have to pay the mortgage, the bad tenant lives for 6 months rent free then gets council accommodation and the agent dont give a fig cos he's still charging his fees.

          What is to stop an unscrupulous agent from telling a bad tenant to sit tight?

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            #6
            You might want to instruct a solicitor (more money I know!) or instigate court proceedings against the agent for its recovery. Even the threat of court action might wake them up!
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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