Rent - Landlord/Letting Agent not taking..?

[Spuddy]

Ok, so most people would be jumping over the moon at the prospect of their landlord not taking rent, but I'm somewhat alarmed and would like to discuss the possible implications of this further down the road.

 

Let me explain, myself and two friends moved into a flat in early July. We paid a months deposit and a month in advance(approx £820 + £820 = £1640). This went along fine, we signed the agreements, keys were handed over and we moved in. Later on our move in date, the letting agency called to say they'd forgot to get me to fill out and sign a standing order form for rent to be deducted monthly from my account. My friends setup a Direct Debit for their share into my account a few days prior to when the rent was supposedly to be debitted by landlord. Anyway, I went to the estate agents to fill out the form. I completed a form for them with my bank details. fine, done, I went "home" to complete moving in.

 

A week later I get another call from a different woman from the estate agents to say that her colleague got me to fill out the incorrect standing order form, could I attend to recomplete the correct one. So I attended again. Upon arrival she mentioned the printer was on the blink and she was having trouble finding a fresh "correct" form. In the end she tipexed out another tennants one and asked me to complete, which I did.

 

Couple of days later, someone else calls me to say his colleague was wrong getting me to complete a tippexed form and it's unlikely the bank will accept it. Could I attend to complete a fresh correct form. I attended filled out the form and left.

 

Anyway, after 2 unsuccessful atempts at the form, I pressumed the third form would mean all was well. But no. Our rent has not been taken for 4 consecutive months, nothing since our deposit/month in advance initial payment.

 

After the second month of no rent being taken, I went into the letting agency twice to speak with someone but no-one who dealt with lettings/tennants was about, so on both occasions they said they'd get someone to contact me. Never received any calls from them. Additionally, I emailed various people at the letting agency on more than one occasion to say the rent wasn't being taken. No response to that either.

 

What should I do? Gross Incompetance springs to mind when I think about the letting agency. I'm not going to waste anymore of my time trying to get them to take money off me. I've filled out 3 forms, attended often enough, emailed, called etc. The letting agency actual manage our property also.

 

Advice would be great.

[MrShed]

It does have serious implications. As you are now over 2 months in arrears, you can technically be evicted under a Section 8 eviction in 3 weeks or so, if they so wished. The circumstance surrounding the arrears does not matter - being over 2 months in arrears is a MANDATORY ground for possession, meaning a court must grant possession if at the time of the hearing, you are over 2 months in arrears. I would suggest taking them a cheque - I realise you shouldn't have to do this, but just to keep the tenancy secure for yourself, I think it would be a good idea. Whatever you decide, make sure that you do keep the rent available - may be worth keeping it in a seperate account, so that if it came to it you can prove your intention of paying.

 

I would also contact the landlord, whose details you should have(if not use land registry) and inform them of the situation, and ask if they want the rent paid direct to him/her.

[iwannabedebtfree]

I agree with the above thread, do contact your landlord, if you do not have their details then rent is not lawfully under Landlord & Tenant Act. If you have the emails you sent to the lettings agent then send a copy to the landlord to show how poor the lettings agent is, it may make the landlord think again about using them.

 

As it sounds like it is a private let, you should have an AST, and as the above thread pointed out the landlord could serve you with a 28 day NSP under ground 8 (sch 2 Housing Act 1988) due to two months or more rent arrears. However, all is not lost, once the NSP has expired the landlord has to apply to the courts for possession, etc

 

To prevent this, complain to the landlord, but make sure that you do have his/her address. It is important to find the address of the landlord, if you do not have it get it from the lettings agent, feel free to write to them advising

 

"

under s7(1)(a) of the Protection from Eviction Act 1977 please accept this letter as notice requiring the disclosure of the Landlord’s identity of the above property. Please note under s7(2) failure to provide such information is an offence, s1(1)(a) of the Landlord & Tenant Act 1985 advises such information should be provided in writing with in 21 days of such a request."

If you are having difficulties with the lettings agent then do speak to a housing advice agency who can work on your behalf.

[MrShed]

I agree with the above thread, do contact your landlord, if you do not have their details then rent is not lawfully under Landlord & Tenant Act. If you have the emails you sent to the lettings agent then send a copy to the landlord to show how poor the lettings agent is, it may make the landlord think again about using them.

 

Just to clarify, this is not entirely true. As long as there is a contact address, the rent is payable - this can be a letting agent address. However, a letting agent MUST legally give you the landlord address if you request it.

[Spuddy]

Thanks both of you for your kind advice.

 

Other than the possible eviction, what other implications are there? Financially and legally? We're all local and have discussed with our families, we all moved into this rented accomodation for the experience alone and through choice. Our old beds are still there as it were, should we require them.

 

Can I just reiterate, I've been attempting relentlessly to notify them they've not taken the money, but so far haven't been heard. We're all (the tenants) busy young professional guys, who are out of the door before 7am and unlikely to be back in it until gone 7pm. It's difficult.

 

I'll hold my hands up and say in the last 30-45 days, I haven't done any chasing and have hoped it would rectify itself or the landlord/letting-management company would notice and seek payment. From what the agency said prior to our move in, the landlord owns hundreds of properties and takes a back seat, hence getting management company to deal with it.

 

The money is sitting pretty in a high interest account and wont go anywhere. If/When they want it, it's there immediately and will have no qwarms sending it over.

 

It is our first time renting and we're somewhat baffled at the incompetance of failling to collect money of such significance (you do the maths). We haven't done anything illegal or unlawful, as far as I see it, it's primarily down to incompetence on the estate agents/management agents part (same company) that this has happened and is continuing to happen.

[MrShed]

No you have done nothing illegal or unlawful, don't worry about that. The worst that could happen would be being evicted for it.

[Spuddy]

No you have done nothing illegal or unlawful, don't worry about that. The worst that could happen would be being evicted for it.

 

Ok, and rent up until eviction date would need to be paid only? Not full 12 month period? For example we've been there 5 months. If an eviction was served without giving us a chance to pay (what we've been trying to do for ages) that'd take us to the 7th month and we'd pay 6x rent (initial payment included one month in advance) and retain our deposit? The deposit wouldn't be in jeopardy would it? Flat was in an awful state when we arrived (unclean, unhoovered, smelt) and the management company didn't want to carry out a schedule of flat conditions/applicances, even though we did ask for it. Put it this way, we'd leave the place in a much better condition than the way it was given to us.

[MrShed]

If you were evicted you are still liable for the rent until the landlord can relet the property. But this must be mitigated by the landlord - ie he must make every reasonable effort to relet. Your deposit, legally, is not in jeopardy other than for any damages. Realistically, they may well try and keep it.

 

These are the reasons I would strongly suggest making a payment another way, even if you are bane to do so(which I can understand very much). Definitely contact the landlord, I am sure he will not be happy with the agency basically not being bothered about getting his money. They may well be in breach of contract with the landlord.

[Jhawc24]

This may be a really obvious suggestion but why don't you just send them (the agents) a cheque for the rent? you can put a covering letter with it to explain. Also if you set up a standing order then I don't think the amount can be adjusted to take the whole amount outstanding in one go. So the arrears are going to keep mounting up.

 

Good luck, Joan.

[LondonPam]

Or simply ask the leting agent for the sort code and account number and set up a standing order yourself. You don't need any forms from them to do that.