Letting Agent gone into Liquidation, No Agreement made for unexpected new Tenant

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    Letting Agent gone into Liquidation, No Agreement made for unexpected new Tenant

    Can anyone please advise, my letting agent has gone into liquidation, just as she disappeared, she put a new tenant in my property which I was unaware of until the outgoing tenant informed me, My husband contacted the new tenant who said they had paid £1275 to the agent for fees and bond and one months rent, we wrote to the tenants supplying a SAE asking them t confirm names for tenancy and copies of receipts for amounts paid, this was never sent to us, my Husband called the tenant and arranged to go and see them but had to cancel at the last minute, he then went to the house and could see the lights and tv on but no one answered the door, we finally got to see them on 12th February and the tenant showed us the receipts for the rents and bond and references, there was no Tenancy Agreement from the agent and according to the Liquidators their money has not been registerd to the business so it seems she has taken the money without protecting the bond or passing on the rent (she also owed us almost £1500 from the last tenant too! My problem now is that the tenant hasn't paid anymore rent to us since handing over his money to the Agent, he says he can't afford to pay the rent even though he knew how much it was when he took on the property with the agent. Can I serve a section 8 as i'm getting nowhere fast. Any advice much appreciated. Thank you in advance.
    Last edited by suenad; 20-02-2017, 20:09 PM. Reason: Spell check

    #2
    I would firstly be checking the receipts he has shown you for signs of fraud. It seems pretty convenient to me that he could produce these after a few days warning.

    Why would the agent provide a receipt for them and not give a tenancy agreement?. This person could be a friend or relative who knew the agents situation and is simply taking advantage.

    If they can produce no tenancy agreement and haven't paid you any rent at all I fail to see how they even have a tenancy?

    Does their receipt refer to the address in question? If a tenancy has been created you won't be able to issue section 8 unless the missing tenancy agreement allows it and there must be 2 months rent owing for mandatory possession.

    Comment


      #3
      I would seek proper legal advice as in the absence of any proof they paid that money on behalf of your property you may be able to have them removed without eviction.

      If the receipts are genuine you could argue they have been robbed by the agent and have no right of residence.

      I would have sympathy but what decent person would stop paying rent as soon as they were in? It doesn't add up.

      Comment


        #4
        1st things 1st.

        Write (yes, WRITE! - keep copies) to tenant stating you are landlord (provide proof) and rent and all contact with you from now on.

        It sounds like the agent has cheated both you and tenant: Sorry, terrible.

        You can serve s8 but, difficulty is, without a written tenancy, what was the rent (£123?), when paid (weekly, 4-weekly, monthly...), how (cash, cheque..in arrears, in advance..), how long tenancy (1 day, 6 months, 12 months...) and does tenancy agreement permit use of s8g8 during fixed term.

        If no specifiaction you can use s8g8 during fixed term, can't (judge might not know..). If rent payable 4-weekly, s8g8 doesn't apply.

        I think this is one of the rare circumstances when you may need a specialist landlord/tenant solicitor: Probably not the average high-street chap, fine though he be...
        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...

        Comment


          #5
          Has the tenant stated he wasn't given a tenancy agreement or that he just can't find his copy?

          I really do think this is a friend or relative of the agent. Why else would you not even know they had moved in? And weirdly they can't afford the rent from the beginning.

          I suppose if the receipts he has are legal and he really wasn't given an AST, you could draft one up with the harshest terms and shortest period and head straight for eviction.

          I agree with artful though, you need proper legal advice

          Comment


            #6
            but the tenant situation has changed somehow or what?
            Still with the receipts try to convince the liquidator to add it to your credit toward liquidation.
            Can the tenant afford a lower rent?
            Just to evict after 6 months, collecting something...
            Not easy situation.

            Comment


              #7
              I'm not an expert on this, but aren't they technically squatting?
              Those receipts are very important, it will either confirm the story or not.
              If the agent handed over the keys, then I'm surprised they have done this without a TA?!

              My guess also is that the agent has something to do with this, or some sort of connection to this new tenant.

              Comment


                #8
                Originally posted by EU9k View Post
                I'm not an expert on this, but aren't they technically squatting?
                Tenancy could be verbal, it could be a legal verbal tenancy agreement.
                If they got the keys from an estate agent representing the LL, I see it had to consider them squatter.
                But I am not a property lawyer as well.

                Comment


                  #9
                  Lack of TA does not mean a T does not exist.
                  I would take receipts as indicating start of a mn 6 month fixed term.
                  Protect alleged deposit amount in an Ins based Scheme & provide PI etc pdq.
                  Get a statement from Liquidator that no alleged amounts could be identified as being received by LA or paid to you.
                  Register myself as unpaid Creditor for unpaid amounts.
                  Find my Agreement with defunct LA asap
                  Serve T with s21 when permitted.
                  IMO OP has been stitched up like a joint of meat.

                  Comment


                    #10
                    If ever there was an argument for not using agents, this has to be it!

                    Comment

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