Property taken over by new agent

[annpow]

Hi everyone

 

I have lived in my rented house for the past eight years, during this time I have had three different agents.

 

Agent number 1 decided he didn't want to be a letting agent and disappeared with rents and deposits that he had never passed on to the landlords.

 

Agent 2 was approached by my landlord to manage his properties, my current five year lease (which i am half way through) was signed with this company. Last year the agent retired, we received no notification until a letter stating that a new company was now dealing with our rental and we should make all contact with them and pay all monies to them.

 

This new agent, agent 3, took over agent 2's offices but it is clearly stated that they are two separate companies and are under different names. I have never been asked to sign a new lease or anything.

 

I have a couple of queries about my position with agent 3, the main one being does my old lease from agent two, still apply? He has mentioned verbally that he will charge £25 for any late payments and that he will make inspections of the property from time to time, there is nothing about this in my lease from agent 2, so can he really do this?

 

When agent 1 went, I was advised by agent 2 that as we had (at the time) not signed a contract with him, that he could only oversee the rental of the property and would not be in a position to enforce eviction etc etc if the need ever arose.

 

I'm just a bit confused, agent 3 seems a very pushy chap and I want to know where I stand with regards to my lease and it's validity.

 

 

Thanks

[mariner51]

Your AST contract is between you & LL.

LL will have seperate contract with LA to act as LLs Agent to find, ref & poss provde new ASTs, act as contact address for service of T notices, and poss provide full mamgement service (repairs, inspections etc). It would be highly unusual for your AST (agent 2) not to have a routine inspection clause.

LA cannot act for LL in Court hearing for repo, unless he is also a qualified solicitor, but LL can represent himself.

If agent 3 is introducing new charges for late payment, then these should be notified in writing at start of his Agency, verbal is not sufficient, and could be unfair. Is LL aware of agent 3 late payment charges? I doubt it.

Your current 5 yr Lease is valid, with same T&Cs. IMO

[raydetinu]

LA cannot introduce new charges into contract without your agreement as it changes the terms of the contract.

Is your deposit protected with a scheme through the LL or LA?

[annpow]

 

Unfortunately my deposit was paid to agent 1, and it disappeared with him.

[annpow]

Agent 3 has also mentioned in the past that if I am consistently late with my rent (rent is due three days before pay day, have always paid when i get paid, never been a problem) he will serve me with a notice of eviction. Can he do that? I have asked him how much it would cost to extend the rent by three days to make it payable on the day I am paid but he is very reluctant t give me a figure.

[raydetinu]

If deposit not protected then sue LL for its return; LL is responsible for deposit not LA.

Just to be sure ask for details which scheme it is in and for the details.

Suggest you contact LL to discuss rent etc.

Could be a problem if you pay rent late to LA then there is lag when LA forward to LL.

[annpow]

The LL is a really nice guy and has never been bothered by the rent being a few days late. i am on quite good terms with the LL. It's just the LA that seems to cause problems

[raydetinu]

Well its the LL that would issue section 10,11 notice, so speak to him and about your deposit? and the threatening actions of his latest agent.