Rent late because of “Hacked bank account”

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    Rent late because of “Hacked bank account”

    late Rent after only 3 months (just after Xmas - odd that!) and my LA firstly didn’t inform me, and now say that it’s because the tenants have had their bank account hacked.
    would it be confrontational for me to ask for a letter of confirmation from the bank re the hacking issue?. Have had a feeling all along that my tenants are mates with somebody in the LA as they were allowed to move in having failed credit checks because a guarantor was found, which I wasn’t told about until the day they moved in.
    Am only using a LA because I live at a geographical distance and didn’t want hassle, but this bank hacking stuff feels untrue somehow.
    just not sure how heavy to be with the LA, as I’m an older single woman whom they seem to think is naive.

    #2
    The agent works for you and has a duty to serve your best interests over their own.
    There's no way that they should let a property to someone who fails a credit check without checking with you.

    Bank accounts aren't "hacked".
    Someone could have their money stolen by an online fraud, but it's very rare (and the chances of a bank confirming it in writing are remote).

    Hopefully, the fixed term is only six months.
    I'd tell the agent that if rent is late again, for any reason, to serve notice.
    If the tenants are mates with the agent they might get the message.
    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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      #3
      And a letter to the guarantor.

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        #4
        The hacking story is cobblers. Ask to see evidence from their bank. Fiver says they won't produce it.

        I had the same happen to me. Tenant had been sacked after repeated warnings from his employer. Claimed HB and spend the whole lot (more than the monthly rent) on Jackpot Joy. Didn't take me long to get to the bottom of his lies. Needless to say the council couldn't care less when informed.

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          #5
          Sounds like a great Agency!

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            #6
            Simple serve s8g10
            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...

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              #7
              Thank you all for such prompt and sane responses. I’ve asked the LA to get a letter from bank and/ or threaten notice next time the rent is late. Feeling better for doing something, and being more in control.

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                #8
                Bank account hacked? By her partner no doubt for beer money.

                Make sure you issue a s21 at the 4 month point.

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                  #9
                  Originally posted by RedHitman View Post
                  Sounds like a great Agency!
                  great agencies rely on great landlords...

                  Katelydstep you wrote "they were allowed to move in having failed credit checks because a guarantor was found, which I wasn’t told about until the day they moved in."

                  Did you at any point agree to the guarantor or that they could move in? If so, you don't have a leg to stand on because you have in fact instructed them to install tenants who failed a credit check. If they installed tenants without you agreeing to it in any form, then you have some ammunition for the ombudsman and (potentially) court. I doubt this is the case though...

                  You are learning that being a LL involves hassle whether you like it or not. If you manage yourself, you should expect to face potential hassle from the tenants. if you appoint an agent, you should expect to face potential hassle from the agent AND the tenants. If you act accordingly, you can keep this hassle to a minimum, but you do have to be proactive with agents to do this.

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                    #10
                    Oh no!!! ...another hacked bank account at Xmas!!!.
                    Never ceases to amaze me how much of that goes on at this time of year. I've had at least a dozen so far!!!! If you do intend taking formal recovery action you should advise your tenant that they may be required to provide evidence of the activity I their defence. It's also worth reminding them that any truly hacked account will have a reasonable probability of the money being repaid by the bank and therefore you are expecting the payment, albeit a little late on this one unfortunate occasion.
                    I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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                      #11
                      As I discovered years ago even if an agent installs a tenant against specific instructions you have given (in my case that I must see credit checks approve tenant and sign the AST) you have no recourse whatsoever unless you make a loss. You may make one of course (hope you do not in the end) but an agent ignoring instructions and landing you with a potential problem is absolutely fine it seems....
                      Unshackled by the chains of idle vanity, A modest manatee, that's me

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                        #12
                        Would a way to prevent that be for the LL to retain the legal right to sign all paperwork and refuse clauses in contracts with LAs that devolve this to the LA?

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                          #13
                          I did. My conditions in writing were that I had to sign the AST. Agent ignored this. I had no idea tenants were in the house until we went round there and it was occupied...
                          Unshackled by the chains of idle vanity, A modest manatee, that's me

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                            #14
                            so what's the legal position here? The owner and landlord has not agreed to a contract which has been established in their name. Isn't this fraud?

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                              #15
                              I did check with a solicitor. The advice was that until I was out of pocket I could do nothing. The AST stood. If tenants had not paid rent and I had made some form of loss I could sue agent for it. I was not happy at the time. Fortunately tenant was OK. I now tell everyone locally never ever to use said agent and why as a partially satisfying form of revenge.
                              Unshackled by the chains of idle vanity, A modest manatee, that's me

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