Plz Help Me Asap Inbigtrouble

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  • Plz Help Me Asap Inbigtrouble

    Hello,
    Iam a landlord, i have a property in london,i live outside london , i gave my property to a letting agency in june2005, i was anxious to let my property qucikly since i have remortgaged the property.This agency contacted me from the newspaper ad i put in. I was told that there is a tenant ready to move in and we got the ball rolling. We got the details of AST for six months by email. We got one month advance and one month security deposit by the letting agent also was firmly told by the letting agent that the tenant does not want any interaction with the landlord and the letting agent will manage the tenant. The agent gave us the assurity that they have the refrences of the tenant.
    The first three months rent from june2005 to Aug 2005 were paid by the letting agent in my bank account. During these three months whenever we passed our house it seemed there in noone living in the house but we were not worried since we were paid our rent by letting agent.
    In sept 2005 i got a phone call from our previous neighbours saying that Ballifs or police broke into the house. Next morning when i contacted my letting agent to ask if there were any problems ,also realized through my bank statements that i was not paid rent for that month, my letting agent told me that yes there are problems as the ppl who rented that property were growing weed (drugs) in the house. The police had already disconnected the gas and electric and consficated the keys for the house.
    We obviously got very worried and started to phone the agency to tell us whats happening and when are we going to get our rent for sept 2005. But they never returned our phone calls i went there personally twice to there office and the reception told me that the agent handling my property is out of town for 6 weeks. after 6 weeks of waiting i went there by chance and got hold of the letting agent who also is the director of the letting agency.
    He told me that this all happened while he was away and now he is going to sort out everything and will pay the rent. He paid me last months rent which was sept2005 there and he promised me to pay oct2005 rent next week.
    After 2 weeks i phone the agency to find out if they have sent my rent. I was told by another director of the letting agency that there will be no money owing to me and come and collect the keys. I went there and collected my keys with one months rent still owing. When i saw the house which i was going to let to another agency i was shocked to see the state of the house as there were big holes in the ceilings in every room of the house in total 7 holes. Fitted wardrobes were removed and broken. There was soil and plant parts on the new carpets. hundereds of nails in the ceiling and walls all over the house. I took pictures of the house and went back to the agency. The person handling my property was out of the country again for 6 weeks and the other director told me that because it was a AST and not were not managing the property so they are not responsible for any damages and rent. She told me that i should get everything from the tenants who noone knows where he is? I got hold of the file of my property from their office and looked into it. Every paper looked forged there are only two references they are holding of the tenant which are merely 2 household bills. Dated march 2004 and forged in tenants name which a 12 yr old child can see that they are forged. Plz tell me where i stand as i am on the verge of loosing my house if i cant relet it to another agent in this condition and i havent recieved any payments for 3 months.My AST ends on 6th dec 2005.
    LOOKING FORWARD TO ANY ADVICE.

  • #2
    There are too many questions and the story is a little convoluted.

    I suggest you look at the terms of your agreement with the agent to identify if they have broken any of the terms. If so, take legal action against them, this will have more chance of success than pursuing the tenants.

    In the meantime, please can you post again, BUT, break down your story into defined questions that the members can answer for you.
    For the avoidance of doubt, I am not a solicitor nor a specialist. I have simply spent many years in the business and am expressing my opinions. I would urge caution to any individual using these forums as a sole basis for decision without first speaking to a solicitor.

    Comment


    • #3
      OK can you please sum up your problem in some short to the point bullet points. I've tried reading that and it just hurts my eyes.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


      • #4
        thanks for replying so promplty the main problems are

        Q1. If the tenant does not pay the letting agency does the agency still liable to pay us the rent? (the tenant only wanted to contact the agency not us)

        Q2. Who is liable for repairs of the house? as tenant ran away

        Q3. Verbally the agent agreed to pay us the rent and fix the house as it was given to him initally but there is no written proof. (he didnt pay us the rent and he just cleaned the house didnt fix the structural damages)

        Comment


        • #5
          So you have the keys back and have entered the property, there is no one there and no possessions left? Can we therefore assume that you have regained possession of your property, but this is in no way certain if the tenant comes back on the radar. I have little advice for you other than try and sue the agent through the courts if you feel they have failed in thier obligations.

          I would like to make these observations however:

          1. A empty property is better than a bad tenant, wait for one!

          2. I NEVER respond to agents responding to my adverts.

          3. If you use a agent, shop round for good rates and gain assurance from accreditation membership or references.

          4. YOU stipulate that you WILL be involved with the tenant, numerous problems arise on these boards where the agent fails to contact the LL. If something goes wrong, the tenant will take YOU to court not the agent.

          5. Its not your home, its a business asset.

          6.. If things are so tight that you cant weather storms like this, Im afraid you need out of this business.

          Comment


          • #6
            We crossed posts


            Originally posted by inbigtrouble
            thanks for replying so promplty the main problems are

            Q1. If the tenant does not pay the letting agency does the agency still liable to pay us the rent? (the tenant only wanted to contact the agency not us)

            The tenant is liable

            Q2. Who is liable for repairs of the house? as tenant ran away

            The tenant is liable

            Q3. Verbally the agent agreed to pay us the rent and fix the house as it was given to him initally but there is no written proof. (he didnt pay us the rent and he just cleaned the house didnt fix the structural damages)

            Whats the question, the tenant is liable for all these failings, the agent is liable for anything in your terms of contract with him, which will probably not include any tenant failings. This is what your deposit if for

            Comment


            • #7
              Originally posted by inbigtrouble
              thanks for replying so promplty the main problems are

              Q1. If the tenant does not pay the letting agency does the agency still liable to pay us the rent? (the tenant only wanted to contact the agency not us)

              No. Unless you have rent guarantee insurance, which I doubt, as if you did you would know about it.


              Q2. Who is liable for repairs of the house? as tenant ran away

              You.

              Q3. Verbally the agent agreed to pay us the rent and fix the house as it was given to him initally but there is no written proof. (he didnt pay us the rent and he just cleaned the house didnt fix the structural damages)

              These are the answers to your questions....sorry they are not better news. But as dazalock has outlined, there are extra issues than the questions you have raised, but he seems to have dealt with them
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


              • #8
                Dear dazalock it think that i havent explained things well.

                The tenants were drug dealers who were growing drugs (weed) in the whole house. Nobody at anytime was living there. We were told by our agent that the tenant does not want any interaction or communication with the landlord. Hence the agent will be managing the place on the tenants behalf as they are getting paid by the tentants as well.
                The police raided the house because the neighbours reported suspicous activities. The tenants ran away. The agents regained access in the property and never informed anything to us.

                Comment


                • #9
                  I was told by the agent to use the deposit for the one month rent not paid as he will arrange to pay us the other months rent later and we dont have to worry about the deposit because he is going to fix the house.he has defaulted on both promises.

                  Comment


                  • #10
                    Sorry, but I stand by my comments, you are the LL and ultimately responsible. Regardless of the activities of the tenants, which you could use for grounds of repossession, you need to control your agents activities, he works for you remember, and if he doesnt fullfill his obligations, you can sack him, compain to a regulating body or sue him if you feel he has broken a term in his terms of business.

                    Comment


                    • #11
                      You obviously do have an agreement with your agent then. However, it would need to be a specific verbal contract, like "I will pay you the rent by such and such etc". You cannot sue for a broken promise, only for a broken contract, whether this is verbal or written. If you DID have a verbal contract, which without knowing exactly what was said it is difficult to ascertain, you could sue him. HOWEVER, being in the right is a big step from PROVING you are in the right, and it would be very difficult to prove in court, especially as both promises are generally over and above what agents do. You will certainly have a difficult time proving about the repairs, as yes agents will do the repairs for you, but you will be charged for them....you would struggle to prove he said he would pay for them, as you havent even told us he said that
                      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                      Comment


                      • #12
                        One more thing i wanted to tell you is that i have gained the file from the agents of my property. In that file the refrences are fake. The have 2 different names on one of the household bills. the names are actually stamped on the bills. There is no other reference on the file. Dosent that make the agent liable for not doing proper reference checks. They charged us £800 for this service. So can we atleast expose them to watch dog and newspaper.
                        I am also considering the fact that the agent might be involved in that drug gang by looking at the references.

                        Comment


                        • #13
                          Three points:

                          - I would be very careful about anything you say with regards a specific agent....not saying you are yet, but libel and slander lead to big bucks claims!

                          - I think you are taking the problem with the agents rather personally, as shown by your hypothesising, almost certainly with no basis, as to their involvment in illegal activities. We often see accusations flying around about agents activities during agent complaints, and they nearly always come down to one of two things: the landlord not understanding fully their position, or the agents being ignorant and hence negligent.

                          - If the agent did not carry out the credit checks properly, then they would, I believe, be liable. If it is stated in the contract (yours with them), in writing, that they will carry out credit checks, and only a tenant passing these will be allowed to rent.
                          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                          Comment


                          • #14
                            Originally posted by inbigtrouble
                            I was told by the agent to use the deposit for the one month rent not paid as he will arrange to pay us the other months rent later and we dont have to worry about the deposit because he is going to fix the house.he has defaulted on both promises.
                            Why would an agent pay out of his own pocket any rent due and pay for repairs ?

                            Comment


                            • #15
                              Thankyou very much all of you who have taken time to atleast give me some points to think about. It was great help. I think mr shed is right in saying that i have taken it personally . I shouldnt say that he is involved in also. This is my first property as a landlord and they were my first tenants so i virtually have no experience maybe thats y i am thinking a bit negative.
                              I think i can only try to chase the agent and get what ever i can from him and get a new agent and tenant.

                              Comment

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