agent no deposit

[rickin9]

This one beggers belief,

I have a managing agent, the T move in 16 Oct 09, after numerous email tel. calls etc to LA ref non payment I now find out (16 Dec 09) that the LT gave the keys over to the T before the deposit had cleared and the cheque bounced this was kept from me. The T has never paid any monies. What are my options?

I have ask for the reference financial check the LA said they had done but nothing I'm getting ignored

I have a signed agreement with the LA (full managment) and believe everything is in order on my side.

Can I sue the LA for loss of earning? as they are clearly at fault.

The LA is a member of The Property Ombudman

[Melboy]

Unbelivable but these thing happen and are quite frequent.

Take action now with the full legal proceedings against this LA. Send them a letter of your proposed actions now and begin the process. You have absolutely no other option available to you. I don't want to put a dampner on your problems but this has all the hallmarks of an LA about to go into adminstration so get in quick!

Let us all know how you get on.

Mel.

[snorkerz]

First port of call should be the 'Property Ombudsman' as they may have insurance in place that would protect you if, as Melboy suggests, the agent goes belly up.

Mel is correct, in so far as you need to take action against the Agent - I would suggest for any fees they have charged you, for any loss of earnings you can prove, and for the costs involved in removing these tenants and replacing them with 'legit' ones - after all, that is the only way you will get yourself back into the position you should be in.

I am in a similar situation - My LBA was sent in August and the case comes to court in February - 5½ months later - so it takes time and money unfortunately.

In the mean time, it seems you want these tenants out. Have you served notice? If not, here's the process...

Non payment of rent is one of several grounds for eviction in section 8 of the 1988 Housing Act.

As soon as the tenant has 2 FULL months* unpaid, you can serve them with a section 8 notice under grounds 8, 10 & 11. 14 days later, you can apply to the court for a possession order using the Possession Claim Online website - cost £100.

It will take around a month before the hearing takes place, but so long as there is still 2 months unpaid, you will get a guaranteed possession order under ground 8. If some rent has been paid, the judge can consider giving you a possession order under grounds 10 or 11. The judge can order the tenant to repay the missing rent too.

If the judge grants a possession order, the tenant will be given at least 14 days to go. If the tenant still refuses to go, you will have to employ court bailiffs, which is more expense and time.

You should also look at the section 21 process, but s8 is usually the quickest option.

DO NOT be tempted to use any process other than shown above. to do so will almost certainly be illegal eviction, which is a criminal offence.

[rickin9]

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[rickin9]

Update.

The agent has admitted responsibility and is paying the rent, the agent has also issued a section 21 (23rd Dec 09) it also appears the tenant went into the agents office and gave them a fraction of the monthly rent and said he was trying to sort everything out on the same day 23rd Dec09......... he has paid no more money todate(18th March 10).

The question I have is how long after the section 21 being issued does it take?

Has the agent totally messed up again by accepting the money after the section 21 was issued?

I'm pulling my hair out over this, it is not about the money (agent paying) I just what my house back.

Thanks to all who help.

[Lyndon]

Hi Rickin9

The LA is, at last, doing the right thing by issuing S21. Any payment of rent will not affect its validity but the agent should give you a copy so you can check it has been issued correctly. What the agent MUST NOT DO is accept any rent after the expiry date of the S21 or the court could decide a new tenancy has been created. Glad to see that they are accepting liability though. Make it clear that you expect them to pay ALL court costs and you expenses as well. Even though it was a mistake, you should not be out of pocket because of it.

To Fyldeboy, what is LBA? Not heard of that abbreviation before.

[rickin9]

Hi Rickin9

The LA is, at last, doing the right thing by issuing S21. Any payment of rent will not affect its validity but the agent should give you a copy so you can check it has been issued correctly. What the agent MUST NOT DO is accept any rent after the expiry date of the S21 or the court could decide a new tenancy has been created. Glad to see that they are accepting liability though. Make it clear that you expect them to pay ALL court costs and you expenses as well. Even though it was a mistake, you should not be out of pocket because of it.

To Fyldeboy, what is LBA? Not heard of that abbreviation before.

Thanks,

The court date was on 23rd Feb 2010 and I've heard nothing on how it all when. Is this normal?

I should say I'm currently living in Australia (contract work) and trying to sort everything from here.