problems with agency paying rent for tenent

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    problems with agency paying rent for tenent

    dear all, this is my first post and we need a little help.

    we have been renting our property for 3 years now and our tenent has been in there for 2 years. during the last 10 months our letting agent has been paying the rent, unknown to us. He only told us 2 months ago! he now has no money to pay this months rent. He is taking her to court in january to get the money back. I'm not even sure if he can as the rent to us has been paid.

    we don't want him managing our property anymore, should we wait untill the court hearing is over or should we do it now? we are sure he has been holding back information. the T keeps lying to him, at one point she wanted to buy the property, which we were happy do, she even showed him a bank statement covering the cost of the house! we think this could just be a stalling process!

    we are just really fed up with him, but don't know where we stand!

    if anyone can help us we would be really gratefull.

    #2
    Who's name is on the last tenancy agreement, the tenants or the letting agents?

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      #3
      hi Mrs Mug,thank you for answering. its the tenants name! thats why I think this going to be a problem in the court, I'm not even sure if we can evict her as she isn't really in arrears!

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        #4
        You can evict her. A S21 does not have to give a reason for wanting the property back, although it does take several months.
        I offer no guarantee that anything I say is correct. wysiwyg

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          #5
          Who is named as the landlord on the tenancy agreement?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #6
            Hi the saint. I am named as the landlord.

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              #7
              Originally posted by hants88 View Post
              Hi the saint. I am named as the landlord.
              In that case, I don't see how the agents are going to get them removed in January.
              Ask them to produce the claim form that has been submitted to the court.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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                #8
                Thanks, thats our next step. He did give us the log-in details but they were wrong! when we get in we will know the truth, maybe!

                Does anyone know if we could use another agent to market the house (for sale) whilst this is going on. wouldn't we have to just give the tenant 2 months notice in the maen time?

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                  #9
                  Originally posted by hants88 View Post
                  we don't want him managing our property anymore, should we wait untill the court hearing is over or should we do it now?
                  Assuming the agent's court claim is simply a money claim, it has nothing to do with you.

                  Originally posted by hants88 View Post
                  Thanks, thats our next step. He did give us the log-in details but they were wrong! when we get in we will know the truth, maybe!
                  Again, the agent's claim is nothing to do with you. He is not obliged to give you details of it.

                  Does anyone know if we could use another agent to market the house (for sale) whilst this is going on. wouldn't we have to just give the tenant 2 months notice in the maen time?
                  Look at the contract you have with the agency. The agent's court claim has no bearing on when and how you may terminate your contract with this agent.

                  If you want to sell the property with vacant possession you will have to evict the T first (unless T gives notice and moves out voluntarily). Serving notice is just the first step in eviction procedure. After the notice expires, you need to apply for a possession order.

                  What date the most recent fixed term contract commence?
                  What is the length of term?
                  Is rent payable monthly/weekly?
                  Did the T pay a deposit? If so, was it protected and was the prescribed information given to the T, and on what date(s)? (You cannot serve a valid s.21 notice unless you have first complied with deposit protection requirements).

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                    #10
                    Thank you for all the responses. We now have some more information.
                    The agency is claiming he isn't paying the rent but has made an advance to us on the condion that the T will pay back, therefore he said the now Possion claim is with us and the T. We really didn't know how long this has been going on and if we did then we would have stopped it months ago. The agency has also, without our orders used the deposit for last months rent, which we informed him was not accepable. The T and Agency was due for a meeting which she didn't turn up. We have made it clear and given the T 24 hours to reply to our questions regarding the outstanding rent owed and have made it clear that we will not move or cancel the court order unless all money is paid. we have only 1 contract that is an assureed short term tenancy which ran out september 2011, when we questioned the agency they said it has changed to a peridoic tenancy, should we have a new contract??
                    I don't want to do it, but feel I may end up suing the letting agent!

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                      #11
                      How did the agent use the deposit? Was it not protected?
                      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                        #12
                        Originally posted by hants88 View Post
                        The agency is claiming he isn't paying the rent but has made an advance to us on the condion that the T will pay back.
                        Is there any paperwork regarding this issue? The agent can't force a 'loan' on you and I suspect that without your prior agreement a court would agree with your initial interpretation - the agent has paid the tenants rent for him, and that is for the agent to enforce against the tenant.

                        A periodic tenancy is the default (created by law) on the expiry of a fixed term - in this situation it is probably to your advantage. Neither you nor the agent could force a new 'contract' on the tenant.

                        In you shoes I would be looking at a section 21 eviction as soon as the deposit situation is clarified as it is not only your agent who seems undesirable here.

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                          #13
                          So OP has a tenant, female and single, and out of his good heart the letting agent has paid her rent for months without even mentioning anything to OP.
                          Maybe I am a cynical pervert but, come on :wink: :wink:

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