Bad tenant; agent not managing properly; how do I stand?

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    Bad tenant; agent not managing properly; how do I stand?

    I have let my flat through an agent but they are not managing it.

    The first payment my tenant was meant to make via standing order (her 2nd month) came through late as the agents didn't ensure the standing order was set up and I had to prompt her for the payment.

    Now her 3rd month payment has not come through, she has told me she does not have the funds to pay it at this time.

    I have told her she is in breach of the terms of her agreement and requested payment. She has still not paid and said she will try to by the end of the month.

    There are also a list of other reasons I wish to now evict her suspected subletting (extra beds in a 1 bed flat), damage to the property, etc. I have issued a section 8 & 21 through Landlord action. She is currently in month 3 of a 6 month agreement.

    But my query is about the agent.

    How much of the fee I paid them am I due back & when. They failed to get her to set up a standing order, I question the reference checks done! Also the deposit is held by them, the flat is in an awful state, carpets need replacing etc & with her in arrears am I entitled to the full deposit returned to me? Who decides? And when can I claim this?

    Thanks in advance for any help.

    #2
    Distinguish your separate contracts with:
    a. Agent; and
    b. Tenant.

    Read Agency contract. Has A broken it? If so, lodge a written complaint with Agent's Chairman/Senior Partner; threaten that, if response does not satisfy you, you will complain formally to NAEA (or to whatever trade body the Agent subscribes) or sue.

    Read Tenancy Agreement. Has T broken it? (Obviously). Serve Notice under s.8 or s.21 or both.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      I havevn't got a contract with them! but as theu state in all of there marketing info; they will set up a standing order & do reference checks, I have asked for a copy of the reference.

      The standing order was never set up.

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        #4
        You must surely have signed something agreeing what their responsibilities are?

        Peter

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