Complicated First Question....

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

  • Complicated First Question....

    British citizen living in France.

    Own a house in the UK which is let via an agent.

    All fine for 5 years, a couple of hiccups for the last 2, but now we have the following situation;

    The agent has let the house to a company. The last tenants to rent, gave notice they would be leaving at the end of the month (May), are now late with the rent (3 weeks) and according to my UK neighbour appear to have vanished.

    The agent is aware of the rent situation, but is worse than useless at communicating with me. I have no copy of the contract for renting the house despite numerous requests. I do have copies of rent paid including the company name. I am in the UK next week to collect the keys as we are returning is September.

    So, I have a couple of questions.

    Who is responsible for the missing rent and how can I get it?

    If this ends up in the Small Claims Court, am I, as a resident of another country (albeit EU at the moment) entitled to use this part of the system?

    Regards

    Alex

  • #2
    If you are letting to a company, the company is your tenant and are responsible for paying the rent.

    The tenancy agreement will confirm who and how notice needs to be given - because it's a company, the agreement isn't an AST.

    Could you please answer the questions here (http://www.landlordzone.co.uk/forums...ll-new-posters), as it's not easy to know if you will be in a position to collect keys "next week".
    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


    • #3
      As far as I know you can, as long as you can provide a UK 'address for service'. Do you have family here who could redirect your post? Failing that, I would wait until you return to the house and sue from there.

      Comment


      • #4
        .... And find another agent if you re-let and warn all your mates/colleagues/people at the bus stop not to use them.

        Did you have any signed agreement with the agent, and did that agreement state that they are not to put any tenants in place or make any agreements on your behalf without your written approval? If not, why not?

        Comment

        Latest Activity

        Collapse

        • Wording on AST Renewal
          MYork
          I have been in this property for 14 months now (15/7/16). In at the end of April I received a letter regarding renewal of my tenancy agreement. When reading the letter it states if I wish to renew or alternatively if I wish to vacate the property so I was under the assumption that these were the only...
          19-09-2017, 19:37 PM
        • Reply to Wording on AST Renewal
          tatemono
          It is not illegal (currently) for LA's to charge an admin fee for renewal of an AST. Nor is it illegal for a LL to insist that a tenancy does not go periodic but is renewed with a further fixed term. It may not be what you want and you may be right to think it's not fair, but it's not illegal.
          ...
          20-09-2017, 09:20 AM
        • Taking on a lodger and interpreting mortgage terms
          Eigentum
          Hi,

          I'm new to this forum and to the world of property investment. I've recently purchased a second property on a residential mortgage for the purposes of being closer to my workplace for most of the week and also to ease myself into understanding the world of property investment. It's...
          19-09-2017, 22:02 PM
        • Reply to Taking on a lodger and interpreting mortgage terms
          jpkeates
          For tax purposes, you will have to select which of the two properties you own is your main residence (as CGT is payable on the other one).

          Your mortgage terms may not allow the situation anyway, as normally a residential mortgage is assumed to be on your main residence, not somewhere you...
          20-09-2017, 09:02 AM
        • Reply to Wording on AST Renewal
          ilovelettingagents
          I'm referring to Letting Agents that present your options as being "sign a new fixed term and pay the fee" or "move out". This is clearly misleading, as the third option of a statutory periodic tenancy is not put forward. The tenant is in no position to negotiate anything - you either...
          20-09-2017, 09:01 AM
        • How early do you start advertising?
          PollyW
          I manage my own properties and have always waited until I have a vacant flat which is ready for letting before I start advertising.

          I have a tenant due to leave in one month and I am concerned that the later I leave the advertising, the harder it will be to fill the flat, given the time...
          19-09-2017, 08:19 AM
        • Reply to How early do you start advertising?
          boletus
          One month before, usually have a waiting list by the time it is empty....
          20-09-2017, 08:54 AM
        • Reply to Wording on AST Renewal
          security2
          Yeah, it's shocking isn't it. You sign a legal contract, under UK law, and the least you'd expect is to be able to walk away from it and for any of the terms that you agreed to and signed up for to be just ridden roughshod over...

          Some people need to take responsibility for their own actions!...
          20-09-2017, 08:18 AM
        • Reply to Wording on AST Renewal
          ilovelettingagents
          Yeah this appears to be a widespread industry scam, which is apparently perfectly legal. Even if you'd argued for a periodic tenancy though, you may well have found yourself in the same situation as me, with a S21 on the doormat and facing eviction. As the law stands, you either dance to their tune...
          20-09-2017, 07:36 AM
        • Landlord (me) or agent to register deposit - pros & cons
          123Landlord
          Hello,

          I'm writing my ideal specification for employing an agent - I'm a very optimistic person!

          So this is hypothetical ... I'm trying to work out if it's better to get an agent to register a deposit or register it myself (even if I pay for a fully managed service).
          ...
          18-09-2017, 19:40 PM
        Working...
        X