Letting agency vanished with rent and LL is causiing massive headaches!!

[dangermummy]

I have some issues with my LL, and have spent many an hour hammering the internet for information – I require additional clarification on what I’ve found out so far, any advice would be much appreciated!

 

I have been a tenant with the same LA for over 2 years and lived in two properties through them. I moved into my current rented property in September 2009, when my LL purchased the property I was renting at the time, and I agreed to rent her property through the same LA.

 

In January this year, the LA asked that all payments should be made to them in cash as they were ‘having problems changing banks’. Whilst this seemed a little strange, I had no issue or cause for concern as I had an excellent relationship with the LA, they had gone above and beyond their legal duties as LA, and I was very happy with the admirable way they looked after the tenants as well as the landlords. I made payments in cash, and received receipts for the same.

 

At the start of March, I received a phone call from my LL stating that I should not make any further payments to the LA, and that she would provide bank details for me to pay rent directly to her. She informed me that she had not received payment from the LA for February’s rent, and that she could not get in contact with anyone from the LA (office closed, no-one answering phone etc). She did confirm that at the end of Feb she spoke to a lady at the LA over the phone; it was someone she had not spoken to previously, and the lady stated that she was ‘a family friend helping out’. The LL told me that the lady confirmed that Feb rental had been paid, and that payment would be made to my LL asap. According to the LL, no payment was made.

 

My LL shortly afterwards posted the new tenancy agreement (AST for 6 months), and after adding some additional terms and conditions, I signed the AST. I would have preferred to move out of the property (I have met the LL and she can be very difficult, especially when you are voicing her errors or issues!) but as I did not have a security deposit (the LA had used the deposit as a rent payment on the previous property when my partner had to have emergency heart surgery and our funds hit the floor), and did not have the money to move, I didn’t see I had much choice. In the same correspondence, the LL also made additional claim that the LA had gone into liquidation, however, despite requesting the information three times in writing, she has yet to provide details of the Receivers, which makes me suspect that the LA has simply vanished and is not actually in receivership.

 

Under the new AST, the rent for March fell due on 21.03.11, however, following issues with my tax credit payment I was only able to pay £150.00 (the rent is £525.00 per cal month). I informed the LL of my circumstances in writing and confirmed that a) if the tax credit issue was resolved quickly, the rent would be paid as soon as I received the shortfall payment or b) if the issue was not resolved quickly enough, I would pay £50.00 on 25.03.11, with the full outstanding balance to be cleared on 01.04.11.

 

My LL has now stated in writing that unless payment is made in full by 25.03.11 for Feb rental (under the previous AST and already paid to the LA), and Mar (under the new AST), she will go to CC for a possession order. I have looked up the terms and understand that she is not in a legal position to seek such an order as there is less than two months rent arrears and the offer/reasons for late payment I have made for the arrears is reasonable, and also that she has not supplied any Notice of Intention. She also claims that she has filed a complaint with the police in regard to the LA, as it is a criminal matter, and that she requires receipts for payments made to LA dating back to Dec 2010, despite confirming in writing that she has received the rental payments for Dec and Jan (albeit late).

 

Sorry to go on, but I wanted to provide a full background, and would appreciate greatly any advice offered on the following points of concern:

 

As far as I can tell, the non-payment of rent by the LA is a civil matter, not a criminal matter as it involves the breaking of a contract by the LA, and as such the LL would have to sue the LA. Is this correct?

 

Is there a difference to LL/tenant obligations if the LA has just vanished rather than gone in administration?

 

Can my LL demand receipts for a 3 month period even when she has confirmed payment received for 2 of them? And what happens if I cannot find all receipts? (I am currently missing one receipt for a payment of £160.00). Am I legally obliged to provide any receipts at all?

 

I am a good tenant, and always make my rent the first bill I pay; I am in no way trying to get out of paying anything. I understand my LL concerns about the loss of her money, but I do object to being treated like I have done wrong and being threatened with eviction when she has no right to do. I am also having a nightmare with trying to get her to understand that whilst the boiler is indeed covered by a Home Care agreement as has a safety certificate, the other gas appliances do not have the same, and her Home Care agreement does not cover these. This is the mentality I am dealing with, so I need to be 100% certain of my legal obligation so that I can be sure where I stand, and not be harassed or bullied which is what I feel she is trying to do (repeated mention of it being a ‘police matter’, demands for rent confirmed as already paid, threats to evict etc). I feel she is trying to railroad me, and, with her coming to inspect the property on Saturday (I can’t wait ), I want to be able to firmly stand my ground should she make any demands that she is not legally entitled to do so.

 

Thanks so much in advance for your help!!

[rebel11]

Hi danger

 

Welcome to CAG

The guys will advise as soon as they are available.

[ashmk]

Hi, I can't answer all your questions but I know this.

You are not liable to pay Feb's rent again. If the agent has run off with the rent then that is the LL's problem and not yours.

What goes on between an agent and the LL is their business.

 

An expert will give you a much more detailed answer soon.

[mariner51]

I think it is reasonable for LL to request copies of receipts for rent paid to LA or at least copies of bank statements / cheque stubs for said payments. You do not have to supply them or you can invite LL round to view the originals. As per Ashmk, you are not liable to pay again if you can show LA received the payments IMO If served with a s8 notice this evidence would be in your favour at the hearing, so worth looking for it.

If LL had several properties with same LA, she could be trying to sort out the mess left by LA and correctly apportion rents received.

Criminal charges for theft could be brought against LA, depending on legal status.

If you are prepared to post the trading name of the LA, some of the 'ferrets' on this Forum may be able to do checks. (not me tho)

 

If a valid GSC exists it should cover all LL (not T) gas appliances, not just gch boiler. T should be left a copy by GSC inspector.

 

Not sure why LL felt need to require new ASTas the pre-March version was still valid IMO, just needed change of address for service of Notices. Had you signed previous fixed term extensions or had T reverted to statutory periodic AST?

[dangermummy]

Thanks very much for your replies, much appreciated.

If you are prepared to post the trading name of the LA, some of the 'ferrets' on this Forum may be able to do checks.

The LA is Rochdale Estates on 4 Union Street in Rochdale. Any 'ferreting' would be greatly appreciated!

If LL had several properties with same LA, she could be trying to sort out the mess left by LA and correctly apportion rents received.

This is the LL's only other property aside from her family home, and the first time she has let property. She does act as though she is the only person to have ever let a property out, and at times her attitude had caused major friction with myself, and with the LA, as she cannot understand that the property is her house, but is no longer her home.

If a valid GSC exists it should cover all LL (not T) gas appliances, not just gch boiler. T should be left a copy by GSC inspector.

There is no GSC to speak of, just a Home Care Agreement with British Gas, who service the boiler/central heating anually. They have provided paperwork that boiler/CH is in working order and fit for purpose, but this is not a GSC, however I cannot get the LL to understand this. There are several other LL appliances including cooker, standard gas fire, and open chimney log burning fireplace.

Had you signed previous fixed term extensions or had T reverted to statutory periodic AST?

The T ended in Sept last year, and had reverted to SP AST. I did explain that no new AST was needed, but LL was adamant that a new one be signed or she would serve notice. This was apparently 'on advice from her solicitor', a statement which seems to follow on from every point she raises in her correspondence.

 

It's the aggressiveness of her manner since the LA have vanished that I find problematic; she's always been quite unreasonable (she went ballistic because we'd painted over a wall which was covered in black/brown damp stains in the same colour it was before for example), but this is a new level of aggressiveness, which makes me feel very uneasy, and makes me question whether she is attempting to scare me with constant talks of solictitors, police involvement, and threatening eviction, despite the fact I have always been a good tenant. I feel like she is railroading me somehow, maybe in order to cover up some loophole or something similar. I am not into loopholes, I like to play above board and pay my bills, but her hostile manner has really angered me, especially when her problems are not my fault!!

 

I've managed to dig out all receipts and/or Bacs payment except for one in the amount of £160.00 (my partner paid this and he is useless with bits of paper - it'll be around somewhere, I'll just have to excavate!), if I cannot locate this will this mean I have to pay the £160.00 again?

 

Many, many thanks once again

[hightail]

It's the aggressiveness of her manner since the LA have vanished that I find problematic

 

A rogue stole her money, you always dealt very happily with the person who has done the dirty on her so in her mind you are connected with something bad that happened. From what you've told us she's no businesswoman so will be taking what's happened as a personal affront and she's probably financially emarrassed too. You just happen to be around to bear the brunt of her anger. From the human point of view I can understand why she is being like this though I do agree it's appalling behaviour. You've done nothing wrong so don't allow her to bully you. Try being understanding and sympathetic instead of defensive - bullies and control freaks hate that.