Is this theft?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Spend your time and energy learning how to find and appoint a decent agent, then do a course on how to be a landlord. It would be a better use of your time.

    Comment


      #17
      Originally posted by Byrdewear View Post
      isn’t this against the law of Agency where the agent is making secret profit without the knowledge of the principal?
      While you're probably right in principle about the breach of the law of agency, there's no practical way to do anything about it.
      The cost of engaging legal assistance prepared to deal with an agency case is disproportionate to the wrong.

      And, as the fee should probably have been returned to the tenant less the agents costs, them passing it on to you involves you in the agents (probably illegal) activity.

      You can't, on the one hand, accuse the agent of wrongly managing the holding fee and, simultaneously, demand that they to pass it to you.
      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


        #18
        Hi JP,
        The tenants don’t deserve to get it back because of providing false and misleading info and their intention to let was proven with evidence so they haven’t pursued the deposit. Even TFA2019 allows the retention of holding deposit in the event of tenant providing false/ misleading info. Here the deposit was received prior to June 2019 but I guess same principle applies?

        What will happen if I pursue the small claims route to teach a lesson to the agent? Or should I pursue through the Trading Standards?
        Thanks

        Comment


          #19
          Maybe I’m struggling to come to terms with the fact that I’ve been fleeced by a rogue agent and those tenants who caused us havoc walked away with very little penalty.
          Before someone jumps in to say about this being part and parcel of being a landlord, this happened just before we migrated abroad and caused an enormous strain when our priorities were elsewhere. Besides, I’ve always been a law-abiding citizen and of the view that fraudsters and rogues have no place in the society.

          Comment


            #20
            Originally posted by Byrdewear View Post
            The tenants don’t deserve to get it back because of providing false and misleading info and their intention to let was proven with evidence so they haven’t pursued the deposit. Even TFA2019 allows the retention of holding deposit in the event of tenant providing false/ misleading info.
            In that situation, the agent has to have given the prospective tenant formal notification in writing explaining why the deposit is being retained.

            Your action to get the fee paid over to you would depend on the terms of your agreement with the agent, so the small claims route is probably the simplest way of getting some kind of resolution.
            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


              #21
              JP- I agree; the agent should have written to the tenants to explain why the deposit has been retained. The agent initially told me verbally that they were in dispute with the tenants but now (after being sacked) maintaining that the tenant has not chased the money which is ludicrous. They are refusing to let me have a copy of their agreement with the tenant.

              Their contract with me states that the holding deposit is there to cover the administrative expenses of the agent in the event of the tenant failing reference checks but does NOT cover the scenario of tenants providing false/ misleading info.

              Thanks

              Comment


                #22
                Sorry but it is being a landlord stuff. Under the terms you post in 21 it is unlikely you would have any contractual right to the deposit. Pick your battles . . . some just aren't worth the aggro and expenditure of energy.

                Comment

                Latest Activity

                Collapse

                • Reply to Aftermath
                  by dazwalsh
                  I will operate exactly the same as I did before the crisis. This isnt something which comes along once a year or even every 10 years. It's also had an effect on every area of society not just the self employed or the low paid workers etc. This extremely rare type of event shouldn't affect your selection...
                  30-03-2020, 17:19 PM
                • Aftermath
                  by jase222
                  I've been reading all the chat on this forum and was thinking about what it's going to be like after, will landlords be more weary of self employed tenants, have more uc or pack in all together ? Interesting times and the tenants are going to struggle even more as landlords try to doubley make sure...
                  30-03-2020, 14:15 PM
                • Reply to What to do if Tenants not paying rent due to corona virus?
                  by MdeB
                  But the water damage to the lower floors is not caused by the fire on the top floor but by the response to that fire.

                  The government did not have to take the steps they did to combat the virus.

                  They could have said "we will do nothing, allow the virus to rip through the...
                  30-03-2020, 17:16 PM
                • What to do if Tenants not paying rent due to corona virus?
                  by lanthth2000
                  I guess quite a few landlords here may be in the same situation that tenants stop paying anything due to corona virus.

                  I understand it is a difficult time for everyone. Knowing the fact that Government can pay up to 80% of the salary for anyone affected, it would be OK for me for example...
                  26-03-2020, 14:33 PM
                • Reply to Six Months AST or Twelve Months AST with Mutual Break Clause
                  by jpkeates
                  Exercising a break clause is not serving notice (unless the break clause is badly written).
                  If the tenant does it, the tenancy should end at the break.

                  Because the tenancy has ended because of "a surrender or other action on the part of the tenant" an SPT shouldn't arise...
                  30-03-2020, 17:03 PM
                • Six Months AST or Twelve Months AST with Mutual Break Clause
                  by Stew
                  Hi wondering if during these times for new AST's I should be doing

                  a) 12 Months AST with 6 Months mutual break clause
                  b) 6 Months AST

                  Rather than worrying about the longer letter my main concern is being able to take back control of the property as soon as possible if...
                  28-03-2020, 12:45 PM
                • Reply to Asking for 35% off rent
                  by MdeB
                  Just because they are a big company does not mean they have a full and accurate understanding/interpretation of the law.

                  This is just one area in which their understanding is deficient....
                  30-03-2020, 17:02 PM
                • Asking for 35% off rent
                  by Lillylisa
                  Hi. I am a fairly new landlord and I only own one property. About a month ago I reached out to my tenants asking if they were okay and if they wanted to get in contact with me please do. Three days later they contacted me to ask for a massive reduction in the rent asking for 35% off. I have no issues...
                  28-03-2020, 16:20 PM
                • Reply to Six Months AST or Twelve Months AST with Mutual Break Clause
                  by MdeB
                  a) Assuming that the agreement is for a fixed term, and does not contain words about "continuing monthly after the initial term, then it is absolute rubbish, is not legally enforceable, and shows that the authors do not know what they are doing.

                  Exercising a break clause does not require...
                  30-03-2020, 16:56 PM
                • Reply to Aftermath
                  by jpkeates
                  I think there'll be a dip in property prices post event.
                  There'll be a lot of dead, grieving and damaged people and lots of businesses and jobs will be gone forever.

                  Which will keep landlords in the rental business, because it won't be the best time to sell up.

                  The government...
                  30-03-2020, 15:41 PM
                Working...
                X