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parse

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  1. parse

    mismanagement by letting agents

    I would be very happy for the agent to to correct the matter by continuing to manage but this is not an option I have been offered. Are they legally entitled to retain the tennants deposit ? I'm guessing yes because they are also owed money from the tennant having paid me, all be it due to there error.
  2. parse

    mismanagement by letting agents

    Thanks for the spelling tip, interesting opinion. My actual complaint is that the agent allowed the tenant to go into arrears without my knowledge and I was only made aware once I tendered my notice to quit my agreement with them, I beleive they thought that I was still contributing to the protction scheme which is why they continued to pay me and only realised I wasn't when they checked my file on receipt of my written notice to quit. Do you still feel that the the issue of arrears lies between me and the tenant, if so how ? My main concern, being totally new to this field is that now, I have taken on tennants who have arrears still to pay, no deposit to put down and may possibly struggle to find this months rent due to the fact that they have been asked to pay up more than they were expecting in such a short time, as their agreement with the agency was to pay " a little at a time". Had I been aware of the situation I would have asked the agent to continue managing until the issue was resolved and would possibly not considered taking on the management my self. Surely you must agree the agent had a duty to inform me of any difficulty the tenants were having in paying.
  3. I have been renting out a property through a letting agent for just over 2 years, as it is the first time I have ventured into this business for the first year I subscribed to their guaranteed rent scheme, opting out once I felt confident enough that my tennants were reliable. As my tennants appeared to be reliable I felt that I was paying the agents simply to collect my rent for which they were taking a nice fee, I spoke to the tennants and explained my feelings and the agent agreed and advised me that he could see no reason to have problems and offered to draw up a contract for another handsome fee which I declined. So I submitted a written notice to withdraw my property from their management when our agreement ended on May 31st. On Friday May 3rd shortly after tendering my notice I received a letter from the agent informing me tat as my tennants had not paid their rent for May I would not be receiving payment in the usuall manner until payment was made to them I was obviously concerned and contacted the agent to enquire what was their policy in this situation. After several phone conversations with the agent getting different reports each time it became clear that the tennants were in fact 3 months in arrears due to one reason or another, I asked why I wasn't made aware of this and the agent said an internal decision had been made to continue to pay me and to allow the tennants to pay arrears " a little at a time ". I argued that I would not have withdrawn from their service if I had known this and that I was being placed in a situation where I was taking on tennants with rent arrears. The agent has since informed my tennant that they are keeping their deposit to cover arrears and that they should arrange a loan to pay May's rent which is still owed and that they should negotiate terms with me which would enable them to build up a deposit gradually when I take over managing the let. I believe that the agent thought I was still contributing to their guaranteed rent scheme which is why they continued to pay me, and only realised I was not when I informed them of my intention to quit. I feel they have acted totally unprofessionally and that any agreement they have with my tennants to repay arrears is between the two parties as I was never aware of the situation. Are they legally entitled to retain the deposit ? Any advice would be more than welcome. Any comments or advice would be more than welcome
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