letting agency

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

    letting agency

    hello everybody!!!
    i have a 2 bedrooms house
    it has been let to 2 students since the 1st of July through a letting agency but we had lots of problem
    the contract is for 1 year and i'd like to gave the property to manage to another letting agency from July or before if it is possible
    i didn't get any statement so far and the rents i received is nothing compared to what they should pay me
    i sent several email and i called them to no avail
    what can i do? your advice is really appreciate
    many thanks
    marco

    #2
    Can you go into the agency in person and insist on speaking to the manager?

    How much rent should the tenants have paid so far(7 months' worth, presumably?) and how much exactly have you been paid by the agency?

    If the students have not been paying their rent, that might explain why you haven't received as much as you expected, but the agents should have been chasing it and keeping you informed.

    If the students have been paying (ask them directly if they have), then the agency is in breach of contract and you may have to sue them for the money.

    If they are failing to respond to emails, they might simply be incompetent (not uncommmon in letting agents, sadly), or going out of business. If there is any risk of that, you should instruct your tenants in writing to pay their rent directly to you in future and not to the agent.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Hello Mind the Gap!
      thanks for your reply
      unfortunately i can't go to the agency
      i sent a mail to the director but he didn't reply

      From their payments I can see:
      £381,67
      £382,80
      £762,66
      £116,32
      Total received from them £1.643,45


      The correct amount from July would be
      July £380,00
      August £380,00
      September £380,00
      October £380,00
      November £380,00
      December £380,00
      January £380,00

      Total due £2.660,00


      1000 pounds are missing ….

      yes i believe they are not competent because it is not difficult to send a monthly statement

      am i entitle to send a letter to the tenants asking them to pay the rent to me?
      honestly i'd prefer to give the property to manage to another letting agency and i'd like to get part of the missing rents
      how can i do it?

      many thanks
      marco

      Comment


        #4
        If your only communication with the agency so far has been one email, you need to perist in trying to speak to them before attempting to recover the money via the courts.

        Have you telephoned them? Keep ringing them, every hour if need be, until you get to speak to the person in charge. If English isn't your first language and you don't think they understand you, ask someone to speak to them on your behalf.

        Please clarify where the rental property is and where you are.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          hello Mind the Gap!!!
          thanks a lot for your really helpful advice. i really appreciate a lot
          unfortunately i am in ireland and the property in uk LOL
          i called as you suggested and i finally got the 4 statements full of mistakes: wrong surname, the first statement shows 391.72 but on my bank account i got 381,67

          but i can understand better what happened, for example in one statement i see a payment for the combi-boiler 72 (60 + 12 vat)

          now we know the amount due from the agency

          July £190,00
          August £190,00
          September £380,00
          October £380,00
          November £380,00
          December £380,00
          January £380,00
          combi boiler -£72,00

          total due from the letting agency: £2.208,00


          this is what i got:

          £381,67
          £382,80
          £762,66
          £116,32

          totale received: £1.643,45

          £564,55 missing


          their email:
          You will not of received payment since the end of November as the students tend to pay with their loans that they receive this month so we should have everything upto date by the end of the month.

          The tenants are looking to have a rent reduction due to the problems they have had with the boiler. Please let me know what you think.

          i'd prefer to get the rent in time. the tenants pay half rent for july and august and they are not entitle to have the reduction
          moreover the payments are always late
          the combi boiler has been replace with a new one, new thermostatic valves to all radiators... i think everything has been done
          can i evict landlord and tenants for breach the contract?
          if i ask to another letting agency before than july what can i risk?
          many thanks
          marco

          Comment


            #6
            the letting agency signed another agreement without asking

            hello everybody,
            i have a question
            i let a 2 bedroom house through a letting agency to 2 students
            the contract started the 1st of july 2011
            i sent a letter by post as "special delivery" and a email saying that i wanted the key back and the property empty for the end of june
            but i got their reply

            this is their reply:

            "We have already signed tenants up for your property, who's conract begins on the 1st July 2012 and will run to 30th June 2013. As outlined in the management agreement you have signed, point 5.3, if you want to keep these tenants and pay us the fee's we would have no problem. The tenats do have a legal right to the property as they have already signed the agreement, however if you would like us to try and move them to another property we can ask them.
            Please let me know what you want us to do."

            the notice should be 2 months as i can see in the ttached agreement:

            5. TERMINATION
            5.1 Either party may end this agreement by serving not less than 2 months notice on
            the other, such notice to expire no sooner than the last day of a period of the
            tenancy.
            5.2 If either Party:
            5.2.1 Being an individual or in the case of a partnership any one or more of the partners
            becomes bankrupt or has a Receiver appointed over his affairs or:
            5.2.2 Being a company goes into liquidation (except for voluntary liquidation of a
            solvent company for the purposes of amalgamation or reconstruction) or has a
            Receiver or Administrative Receiver appointed or:
            5.2.3. Executes any assignment for the benefit of or makes an arrangement with his
            creditors
            The other party may end this Agreement immediately by serving notice on the
            other to that effect.
            5.3 If the Owner terminates this contract at any time during the period of the tenancy,
            or sells the property before a tenancy we have arranged has began, the Agent will
            be entitled to charge and receive a management fee equivalent to
            2 ½ (two and a half) months rent on the property, or a single payment of £875
            plus VAT whichever is the greater.


            i can't understand why they already signed an agreement without asking me
            i keep on having lots of issues with that letting agency
            what can i do ?
            any advices?
            many thanks
            marco

            Comment


              #7
              You are involved in 2 different relationships.

              1) You and the Agent
              2) You and the Tenant

              If your 'old' tenants are still in situ, they have a right to stay there until you get a court order to evict them, and enforce it. It is highly possible they will leave voluntarily at the end of their contract but they don't have to.

              The agents are still your agents, so whether they had a right to or not, the tenancy agreement they have agreed with the new tenants from 1/7/12 is perfectly valid, and ties you. If you choose to not grant a tenancy to these people then you will be in breach of contract and, if they chose to, you could be sued for any financial loss that your breach cost the tenants. With 2 months to go, the tenants should be able to find a new place so their financial losss should hopefully be minimal.

              In both the above cases, the tenants are yours. If you choose to dis-instruct the agent then you write to your tenants and tell them that the agent is no longer acting for you an that in future the following should happen . . . (rent, legal letters etc etc)

              Incidentally, are you aware that if you do not give the tenants an address in England or Wales for the service of documents, then no rent is due.

              Comment


                #8
                thanks for your reply
                can i go to the agency to collect the key and change agency and tenants?
                honestly as stated in the contract:
                5. TERMINATION
                5.1 Either party may end this agreement by serving not less than 2 months notice on
                the other, such notice to expire no sooner than the last day of a period of the
                tenancy.
                i served my willing to end this contract last week so i should be in time to get rid of tenants and agency
                why did they sign another agreement without letting me know?
                is there anything i can be sued for?
                many thanks

                Comment


                  #9
                  You can terminate your arrangement with the agency and withdraw keys from them.

                  You can not remove your tenants without a court order. The agents can not get this, only the landlord.
                  If you evict the tenants without following the legal process than you can face imprisonment.

                  I do not know why the agency signed up new tenants, maybe the agency agreement instructed them to?

                  Comment


                    #10
                    thanks for your advice
                    at the moment the letting agency is not paying me the rent and for the previous ones there were always delays
                    i talked to the manager and he said that they will try to find another property for the tenants who signed the agreement
                    i have called another letting agency and signed the management agreement starting from the 1st of july
                    can i advise them to take care of this issue?
                    many thanks
                    marco

                    Comment


                      #11
                      hello everybody!
                      many thanks for all your replies
                      the letting agency managing the problem is no longer in charge
                      and the tenants are going to stay till the end of june
                      i called the letting agency and they said to call the tenants for any issue
                      i called one of the tenants and she will pay for may and june
                      the other one stated that she has already paid the letting agency till june but i believe she didn't pay and she is not going to pay
                      what should i do?
                      how do you suggest me to collect the money?
                      any advice?
                      many thanks
                      marco

                      Comment


                        #12
                        Without evidence that she paid the agency those two months' rent (e.g. a dated receipt, or her bank statement showing BACS payment into agency account), it must be assumed she did not pay them and you can claim against her in the same way you would against any non-rent-paying tenant.

                        Once they have moved out, claim against their deposit which I assume you have protected in a scheme. If the rent owed (plus any amount you are also claiming for cleaning, damage, etc) exceeds the value of the deposit, you can claim it through the court beginning with moneyclaimonline:

                        https://www.moneyclaim.gov.uk/web/mcol/welcome

                        (Incidentally, if the two students rent together on one joint contract, then they are both jointly liable for the total rent, regardless of who doesn't pay their 'share'. Do they have a joint tenancy contracts or two individual ones?)
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          #13
                          hello Mind the Gap,
                          thanks a lot for your advice

                          from the contract i read this:

                          Whenever there is more than one tenant all covenants and obligations can be enforced against all of the tenants jointly and against each tenant individually. Joint and several liability means that any one of the tenants can be held responsible for the full rent and/or other obligations under this Agreement if the other tenants do not pay the full rent and/or fulfil their other obligations.

                          i think it is a joint contract

                          the letting agency didn't send me some statements and they didn't give me more info

                          i called one of the tenant saying that she paid everything
                          the letting agency said by phone that she didn't pay april but thay didn't send any email or letter as i asked

                          and the other one is going to pay and she confirmed it by email
                          if she doesn't pay i really don't know what to do because i don't have their deposits
                          i think that the letting agency gave the deposits back to the tenants

                          any advice?
                          many thanks
                          marco

                          Comment


                            #14
                            'I think' won't make for a reliable witness statement in court.

                            Bearing in mind you have 6 years to commence a claim against your tenants, maybe you would be best getting all the info from the agents first.

                            A letter before action telling them what you want (and by when) and if they don't provide it then you commence a non-money claim in the court to make them suply it (fee £175).

                            Once you have tenancy agreements, rent statements, deposit details etc you can decide on your best course of action.

                            Comment


                              #15
                              hello everybody!
                              the letting agency dealing with a 2 bedroom house gave up and one tenant is gonna stay till the end of june
                              the other tenant is staying till the end of july and she sent me a email saying that she will pay in my bank account but i didn't receive anythinf so far
                              by phone she doesn't pick it up
                              unfortunately i can't keep their deposit because the letting agency gave the deposit back to the tenants
                              what can i do?
                              any ideas? sending an email saying that if she doesn't pay the new letting agency will manage the property from the 1st July and I will be there shortly to collect the missing rents?
                              many thanks
                              marco

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X