Problems with LandLords Agent

[Bav3333]

Ok, I am here to ask for some advice in respect of the current property that I rent.

 

In August 2008 I signed an 6 month AST with my partner to rent a flat, I handed them my deposit which was placed in a TDS. After the 6 month where up we continued the tenancy without signing any other documentation. There where no problems up to March 2010 when I recieved notification that my deposit was no longer protected under the TDS and then two weeks later the Landlords Agents went Bankrupt, I was informed to cease paying rent to the agents and to await further information. In May 2010 I called and had a phone conversation with another Agency who where contacting the respective Landlords to find out their intentions. Up until July 2010 I called the Agency every two to three weeks for an update to which they had none.

 

In July 2010 the Agency I was in contact with then emailed me to say that they where acting on behalf of my Landlord. I asked them for confirmation in writing to which they sent me a email with no even a company logo upon it, I also asked if the Landlord could notify me in writing and then I would be happy to pay and make arrangements to pay the arrears as I am a student and not exactly flush with cash. This was sent in writing on the 11 July 2010.

 

I did not hear anything back and was in the process of writing to them again on the 13 Sept 2010 when i had a phone call from them, to which I explained I have had no notification from the Landlord, no letter from them, and no reply to my letter of the 11 July 2010. At this point the Branch Manager became irrate with me and called me a Liar in that I had not sent a letter, and not paying etc and acted wholly unprofessional. I informed her that I would not accept this and to contact me in writing from now on. They then proceeded to ring my phone twenty time in one day, yet I refused to answer as I am unwilling to listen to people insult me over the phone.

 

They then forward me a letter via email saying they are in contact with the Landlord and unless I pay they will serve notice upon me.

 

My questions are as follows:

 

1. Since the deposit was removed from the TDS, should it have been moved into another if the new agents are acting on behalf of the Landlord?

2. As the deposit was not placed in a TDS by the new Agents are they in breach of the rules and regs and therefore mean they cannot serve a Sec 21 notice.

2. What is my position in respect that the Landlord has not notified me in writing that the new agrency is acting on their behalf.

3. Is there a means of bringing a complaint against the new agency through the National Association of Estate Agents who the person I have been dealing with is a member.

4. What is the my legal position if they continue to harass me with constant telephone calls.

 

 

I understand that I have to pay my rent and I am happy to come to an amicable arrangement with them, however, I feel that I need to protect my interests first.

 

Many Thanks in Advance

 

 

Bav3333

[Bav3333]

I also forgot to mention, that with this property though a new build I have had a number of problems with it. There is a major mold issue in the bathroom, the shower was not sealed allowing water to leak onto the paint and causing damage and the tiles falling off from the shower wall where they again where not grouted properly. What is my position in respect of the repairs considering the above post.

[Planner]

1. Since the deposit was removed from the TDS, should it have been moved into another if the new agents are acting on behalf of the Landlord?

2. As the deposit was not placed in a TDS by the new Agents are they in breach of the rules and regs and therefore mean they cannot serve a Sec 21 notice.

2. What is my position in respect that the Landlord has not notified me in writing that the new agrency is acting on their behalf.

3. Is there a means of bringing a complaint against the new agency through the National Association of Estate Agents who the person I have been dealing with is a member.

4. What is the my legal position if they continue to harass me with constant telephone calls.

 

1) Yes;

2) Yes they are in breach and cannot serve a s.21 until the breach is rectified. If you are 2 months in arrears then they can still serve s.8;

3) The requirement is that you have details of where to serve notices. Do you have details of where to serve notices and is it still valid?

4) Limited to nothing.

 

You need to insist that your deposit is protected and make arrangements to pay the arrears. Make sure you do it all in writing

 

Have you reported the bathroom problems in wiritng in order for them to be recitifed?

[Bav3333]

I have been unable to contact the Landlord as they are out of the country most of the year, and have no contact details. I am willing to make arrangements to pay the arrears and told them I will only correspond in writing.

 

As I have no details of the Landlord of where to serve notices I have been unable to inform them of the tiles i the shwer, however, the previous agency where aware of the other issues.

[Planner]

Hmmmm half a dozen of one and six of the other I think?

 

I can see no reason why you didnt report the bathrrom issue to the new agents in July;

 

I can see no reason why you havent made rent payments from July onwards to the new agents (at the very least you should have put them aside for when they are required);

 

I can see no reason why you havent made arrangements to pay March, April, May and Junes rent (at the very least you should have put them aside for when they are required).

 

Sorry if I have missed anything but you dont appear to be in a particular strong position. You where informed by the agents that they where acting for your LL. The LL is under no obligation to inform you of that himself.

 

You are in serious breach of your Tenancy Agreement and are likley to face eviction if you dont resolve it ASAP.

[Bav3333]

A. the shower did not happen until the beginning of this month.

B. I do have the rent for July onwards however, considering this company came out of the blue and said we act for your lanlord via an email sent off a blackberry, well in my opnion that just doesn't cut it.

C. In regards to the rest of the rent I had no where to send any money and considering I earn a sum total of £380 to live on whilst completing my nursing degree and rent is £385 a month I don't exactly have money to put aside.

[MrShed]

What is the address on the tenancy agreement? Presumably that of the old agent?

 

Planner, unfortunately on this occassion I feel your advice is incorrect - the OP is in a VERY strong position to withhold rent. Lack of serving of Section 20 to change contact details anyone?

[Planner]

Lack of serving of Section 20 to change contact details anyone?

 

Could you expand a little more Mrshed?

 

To me this thread simply reads as someone looking for an excuse not to pay rent, found a vague one, then went on a merry spending spree rather than putting it aside for when it would be due.

[MrShed]

I can indeed Planner.

 

The landlord doesnt live in the country. As such, the tenancy agreement MUST specifiy an agent address in England and Wales.

 

If the E+W address changes, which it obviously has, then the tenant must receive a formal Section 20 notice of this change of address/agent details. If such notice is not received, no rent is legally due, nor is any eviction possible.

 

Mroeover, away from the legal aspect, theres no way on earth I would pay my rent to a company that approached me without confirmation from the landlord themselves.

 

However, if I missed the point here where the tenant has spent the rent - BAD move, agreed. The rent should have been placed in a seperate account. That doesnt change the fact that at this stage no rent is legally due.

[Planner]

A. the shower did not happen until the beginning of this month. You said the shower isnt sealed? Was it sealed and suddenly became unsealed? Are you saying that within two weeks of being spontenously unsealed its wreaked the bathroom? I cant reconcile your statements of 'it only happened at the beginning of this month' and 'the previous agents (March) where aware of the problem?' You seriously need to get your story straight if this goes to small claims a judge will pull you apart.

B. I do have the rent for July onwards however, considering this company came out of the blue and said we act for your lanlord via an email sent off a blackberry, well in my opnion that just doesn't cut it. Why are you talking to them at all then? What communication are you expecting? What are you going to do once its recieved if you now cant pay what you owe?

C. In regards to the rest of the rent I had no where to send any money and considering I earn a sum total of £380 to live on whilst completing my nursing degree and rent is £385 a month I don't exactly have money to put aside. Then you cant afford the place can you? How would you have paid the rent if there wasnt any problems? If you only earn £380 and the rents £385 how have you saved rent money for July onwards? Again you need to get your story straight.

 

I think there is a lot more than meets the eye hear. If your not honest we cant really help. The rent is due/will be due eventually. You need to make suitable arrangements to pay it. If your served notice by the LA what will your defence be to the judge? If you dont have anything more than 'well in my opnion that just doesn't cut it' then I think another party (wearing a white wig) might have a similar view of your excuses.

 

Tell us the full story and we can help and advise further.

[MrShed]

Agreed certainly regarding "C".

[Planner]

I can indeed Planner.

 

The landlord doesnt live in the country. As such, the tenancy agreement MUST specifiy an agent address in England and Wales.

 

If the E+W address changes, which it obviously has, then the tenant must receive a formal Section 20 notice of this change of address/agent details. If such notice is not received, no rent is legally due, nor is any eviction possible.

 

Mroeover, away from the legal aspect, theres no way on earth I would pay my rent to a company that approached me without confirmation from the landlord themselves.

 

However, if I missed the point here where the tenant has spent the rent - BAD move, agreed. The rent should have been placed in a seperate account. That doesnt change the fact that at this stage no rent is legally due.

 

Nicley explained Mrshed. So on recipt of the S20, section 8 eviction can take place and ALL outstanding rent becomes due. I take it theres no rocket science involved in sending a s.20 and one could appear on the o/ps doormat tommorrow.

 

Something just doesnt add up with this story.

[MrShed]

You are dead right in what you say Planner.

 

But if we take this at face value (ignoring certain inconsistencies) I

Personally would very much wait until the s20 arrived, as otherwise I would have no legal basis upon which to base the agent.