Can't finish with letting agent?

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    Can't finish with letting agent?

    I bought a flat recently and it has been managed by an letting agent. When I went to collect keys and ask for the refund of the current tenant deposit, I was told the property must be managed by an letting agent. My solicitor never mentioned about it. Has anyone heard of this before?

    #2
    The property is in England and Wales?

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      #3
      In England

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        #4
        Who told you this?

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          #5
          The estate agent said the managing company told them.

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            #6
            Then contact the managing company.
            note. There could be a managing company, with a registered address for communications, and that company, which should be the freeholder, may have passed over the running of the block to a Managing "agent" ( a high steet estate agent )

            You will have the lease and information on who is the freeholder, and they are the people to ask.

            We cannot comment on any rules your managing company has seen fit to put in place, if you have not first contacted them.

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              #7
              The deposit should have been sorted as part of the purchase.

              The tenancy agreement will (almost certainly) show that the deposit was paid by the tenant to the landlord (regardless of who arranged for it to be protected and who actually holds the money).
              The agent will not be able to hand the money over to you without the tenant's consent.
              At present you will owe the deposit to the tenant and don't have it.

              Unless the letting agent is actually the tenant, they have no agreement with you to be your agent.
              The contract between the landlord and the letting agent won't have been assigned to you unless you know about it and agreed to the assignment.
              Their names may be shown on the tenancy agreement (which is something else that needs sorting out).

              Is the management part of a superior lease for the flat?

              What else didn't the conveyancer not do?
              Have you written to the tenant and notified them that you are their landlord and given them your address?
              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).

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                #8
                ram,

                Yes. You are correct. I've contacted the managing company who is the freeholder. They said they will look into the matter and get back to me with more information.

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                  #9
                  jpkeates,

                  The deposit is with the high street letting agent. The letting agent is not the actually tenant.
                  I asked the letting agent, who is also the sales agent, to get me in touch with the tenant three weeks ago at the time of completion. Then I realised I needed to pay a visit to the tenant. I visited the tenant at the property acouple of days ago and the tenant wasn's aware of the change of ownership unit then.
                  The tenant agrees to sign another tenancy agreement with me and will agree to have the depoist released to me.

                  I don't know what a conveyancer should do. But the deposit was sorted. I have to do it myself with the letting agent.

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                    #10
                    But the letting agent should refuse to release it to you.

                    What they conveyancer should do is use their experience and knowledge to ensure that you are not in the situation you are now in.
                    You are in a contract with a tenant that says they have given you a deposit that you don't have.
                    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

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