payments not received by landlord

[golfgrive20]

I am having terrible trouble getting money from my letting agents, I have no reason to believe that they haven't been paid. The person in charge of payments will not take my call or reply to e mails and have already sent a solicitors letter which has gone un answered. Looking at other web sites I am not alone in this problem, any suggestions about how this may be resolved ?

[snorkerz]

Have you tried going above the 'payments person' and speaking to the principal of the agency? If it is a big agency it will have a complaints process that you can follow.

It might be helpful to contact the tenants and 'just for my records' ask for copies of their rent receipts so you know how much you are talking about.

[golfgrive20]

Have you tried going above the 'payments person' and speaking to the principal of the agency? If it is a big agency it will have a complaints process that you can follow.

It might be helpful to contact the tenants and 'just for my records' ask for copies of their rent receipts so you know how much you are talking about.

Unfortunately the payment person is the principal ! thanks for the idea of contacting the tenants I will do that, any other ideas welcome, any one know any good solicitors who may deal with this, although as the sum owed is less than £5000 I think it is a small claims case.

I have instructed the agents that I want to terminate my agreement back in Sept but to my knowledge they haven't acted yet, can I tell the tenants to stop paying the agents and pay new agents ?

[snorkerz]

Unfortunately the payment person is the principal ! thanks for the idea of contacting the tenants I will do that, any other ideas welcome, any one know any good solicitors who may deal with this, although as the sum owed is less than £5000 I think it is a small claims case.

It will probably be small claims, but you won't know for sure until after the allocation forms have been submitted. Personally, as a lay-person, I am currently conducting a small claims case againt my ex letting agent (honest!) and it is all very straight forward. Although I have paid for a little telephone advice, I haven't felt the need to instruct a solicitor to handle the case.

I have instructed the agents that I want to terminate my agreement back in Sept but to my knowledge they haven't acted yet, can I tell the tenants to stop paying the agents and pay new agents ?

Yes, so long as you have given correct notice to the original agency, you'll be fine. Here's a letter I wrote to my tenants:

Dear Mr XXXXX

I am writing to let you know that with effect 1st August 2009 'XXXXX' will no longer be acting as agents for me.

From 1st August, everything relating to the property will be dealt with by myself.

There are some matters that need to be addressed as my former agent has not forwarded all the necessary information to me.

I believe this is our current rent situation:

(Table of rent payments I knew about)

If this is incorrect, could you provide me with a copy of receipts for any rent you have paid / a photocopy of your rent book? I appreciate that it will cost 5-10p per copy to do this plus postage – but if you let me know how much, this can be deducted from your outstanding rent.

Thank you for your time, if I may be of any help – please do get in touch.

Yours sincerely

[golfgrive20]

It will probably be small claims, but you won't know for sure until after the allocation forms have been submitted. Personally, as a lay-person, I am currently conducting a small claims case againt my ex letting agent (honest!) and it is all very straight forward. Although I have paid for a little telephone advice, I haven't felt the need to instruct a solicitor to handle the case.Yes, so long as you have given correct notice to the original agency, you'll be fine. Here's a letter I wrote to my tenants:

Thanks very much for your help, I will write to my tenants as per your letter and start small claims proceedings,

all the best with your case

[semiproinvestorTim]

Good luck Chester,

In future it may be worth having a look at a rent guarantee scheme. There are quite a few good ones out there now that will make sure you get paid on time and also handle all the legals for you if necessary...

Tim