Agent still holds deposit+advance rent after 4 months now

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    Agent still holds deposit+advance rent after 4 months now

    Hi Landlords,
    I am writing this post after trying to look for information about options Landlord has since the agent has not forwarded 1 month advance rent and deposit (£1000.00) by the tenant to me. i have been chasing with this Hometrack approved agent since 4 months and every time a new excuse is hatched. there are 4 failed cheques of different amount that banks have forwarded to me as they failed to clear. there is a trail of email which shows how i have tried to chase the payment.
    the agent is difficult to contact, doesn't come on the phone nor willing to meet 1:1

    I have attached a zip of communication trail which took place between Agent and Me and it would show how the false promises were made on every round in the email. each attempt to get the payment is categorised as rounds eg Round 1 "payment in Post" Round 2 "BACS Transfer",etc

    not sure if any other landlord had problems with agents and what did they do obtain the money, any advice would be appreciated

    Thanks for repsonse
    Attached Files

    #2
    Disinstruct the agency ASAP and get direct tenant payments to you. If tenant is not willing to cooperate then give them notice (S21 and S8 when applicable).

    I would take this to the small claims court - you have been patient enough. I would also contact the EA Obundsman as your agency seems to be registered - http://www.referenceline.com/trackre...rmnumber=18510


    Just a few quick questions:

    1) Is the agent regulated

    2) Does the client money go in a ring fenced account [1]

    3) Do you know for sure the tenant has moved in?

    4) Has the agency complied with all the requirements of deposit protection


    [1] For a cheque to bounce it sounds like it will be from his trading account, not client account. We only run a small agency but our client account is never below 50k (our trading account ranges from 1k to 6k normally but of course we never pay money to landlords from here). Either way it sounds like he has serious cashflow problems so I would distance yourself from him and take over management yourself. Once things have stabilised, go find another (regulated) agent. Do not expect another agent to sort the mess out for you.

    Comment


      #3
      Originally posted by MrAgent View Post
      Disinstruct the agency ASAP and get direct tenant payments to you. If tenant is not willing to cooperate then give them notice (S21 and S8 when applicable).

      I would take this to the small claims court - you have been patient enough. I would also contact the EA Obundsman as your agency seems to be registered - http://www.referenceline.com/trackre...rmnumber=18510


      Just a few quick questions:

      1) Is the agent regulated

      2) Does the client money go in a ring fenced account [1]

      3) Do you know for sure the tenant has moved in?

      4) Has the agency complied with all the requirements of deposit protection


      [1] For a cheque to bounce it sounds like it will be from his trading account, not client account. We only run a small agency but our client account is never below 50k (our trading account ranges from 1k to 6k normally but of course we never pay money to landlords from here). Either way it sounds like he has serious cashflow problems so I would distance yourself from him and take over management yourself. Once things have stabilised, go find another (regulated) agent. Do not expect another agent to sort the mess out for you.


      Many Thanks for the reply,
      contacting EA ombudsman seem another option before court,

      to clarify the situation further
      0) Tenant is currently living in the property on 12 months short term lease
      1) tenant is paying into my account so no ongoing payments to the agent.
      2) Agent currently ows me 1 month advance rent and 1 month deposit which he took at the start of the tenancy 4 months back.
      3) Agent was contracted to do the let only service, i am managing the property.
      4) Agent fee for let only service has been paid and there are no outstanding dues from Landlord

      what would be the procedure for court case, recovery of dues, has anyone gone through court to recover dues from agent?

      Comment


        #4
        Agent owes me 6 months rent issue

        I too have had similar problems as yourself and all roads seem to lead to the small claims court, so if anyone can provide some help to me also about how to go about this.

        My agent had similarly been avoiding payment to me for a few months before I clicked. They used disguises such as: 'we underestimated the work involved in installing a new IT system', or 'our accounting software has errors', etc.

        This went on for a few months whilst in between times they never returned my calls and ignored my emails.

        I found that they had been scamming a lot of their landlords and tenants for months and so many of them are now in the same boat. I am due over £2,000.

        They recently sent a letter to everyone saying they were pulling out of the rental market and will try and settle all accounts. That was over 2 months ago. They blamed other creditors, etc for not being able to pay their landords. I see now this was their plan all along..having been in business only a very short period of time.

        All these excuses were a tool to delay payment while they dug an escape route to disappear.

        Now all I have is one possible registered address for their business.

        I contacted a solicitor but he advises to go to the small claims court as legal proceeding will be costly. Of course, the letting agency knows this.

        The owner has been exposed on several news sites as a con man.

        I hope no-one ever has the misfortune to come across him.

        Any advise appreciated.

        Comment


          #5
          Originally posted by ll1 View Post
          I too have had similar problems as yourself and all roads seem to lead to the small claims court, so if anyone can provide some help to me also about how to go about this.

          My agent had similarly been avoiding payment to me for a few months before I clicked. They used disguises such as: 'we underestimated the work involved in installing a new IT system', or 'our accounting software has errors', etc.

          This went on for a few months whilst in between times they never returned my calls and ignored my emails.

          I found that they had been scamming a lot of their landlords and tenants for months and so many of them are now in the same boat. I am due over £2,000.

          They recently sent a letter to everyone saying they were pulling out of the rental market and will try and settle all accounts. That was over 2 months ago. They blamed other creditors, etc for not being able to pay their landords. I see now this was their plan all along..having been in business only a very short period of time.

          All these excuses were a tool to delay payment while they dug an escape route to disappear.

          Now all I have is one possible registered address for their business.

          I contacted a solicitor but he advises to go to the small claims court as legal proceeding will be costly. Of course, the letting agency knows this.

          The owner has been exposed on several news sites as a con man.

          I hope no-one ever has the misfortune to come across him.

          Any advise appreciated.

          this is a real shame, would you be able to name that agent so that forum members are aware
          have you already sent the court summon to him/agency?

          i my case, the agent is registered with ombudsman as member "Mr.Agent " pointed out,
          the agent has requested till next friday to pay, i would be going to the court after that. the proceedings are not that difficult now, hmcs court filing is online and fast tracked.

          Comment


            #6
            I already have (via the link).

            Several references were made in the attached files (by OP) to the agent name. Suspect I cannot delete my post now but have no issue with the editor snipping the URL out of my post if it will cause an issue.

            Comment


              #7
              thanks for getting back. I have half a mind to mention the agency name so that no-one else suffers so much and lose cash as I have done. If I dont get my money soon, I will be naming the agent. If you're reading this you know who you are...last chance. The owners initials: SR.

              OK - I havent filed yet..I need to find out where to start. Help.

              Comment


                #8
                Originally posted by ll1 View Post
                thanks for getting back. I have half a mind to mention the agency name so that no-one else suffers so much and lose cash as I have done. If I dont get my money soon, I will be naming the agent. If you're reading this you know who you are...last chance. The owners initials: SR.

                OK - I havent filed yet..I need to find out where to start. Help.
                following this up, today my agent has promised to release the money by 14:00hrs, i'll update then

                Comment

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