Issue with House rented thru Letting agent

I need an advice on how to resolve or direction on what to do with this issue.

I have given my house to a Letting agent to manage it and rent it . Letting agent not paying amount last 3 months any rent though the house is already rented to a family.

Whenever I ask the agent they complain, tenants have not paid yet and she would pay me as soon as she receives.

what is my rights in this. I am worried if I take my house back agent may not pay any rent for last unpaid months.

what should I do to get my housee back in the same conditon and get all the money ?

pls advice ...much appreciated.

Re: Issue with House rented thru Letteing agent

Moved to Property Investment from Askaboutlaw.

No rent last 4 months..house rented thru letting agent...

Any advice much appreciated.....

somebody.....pls respond

Re: Issue with House rented thru Letteing agent

I'd go to a solicitor ASAP.

How do you know the rent has been paid by the tenant to the agent? Can you ask the tenant for proof. If a tenant has not paid rent for 3 months they should be served a written notice to terminate the lease agreement. You can then try and pursue the tenant through the PRTB (if you are registered) for the unpaid rent. Ask your agent what she proposes you do in relation to a tenant that doesn't pay rent particularly as the agency has not vetted the tenant properly. Is this a new tenant? What was your arrangement/contract with the letting agency. If the rent has been paid to agent, go to the business premises and insist on getting a cheque, then terminate your agreement with the agency. It's better to try an manage property yourself.

I was sitting in the agents office and manged to get checks for couple of months rent but those cheques bounced.

what should I do if I have not registered in PRTB?

Hi

can you give more details of the following so that an informed oponion can be given.

How long is family living in the house
Who found the family, ie did the letting agent get the tenant or did you.
Who issued the cheques that bounced. The family or the letting agent.
Is the agent a one person outfit or an estate agent/chain

Pls find my answers below.

How long is family living in the house

Not family but three people living since last 10 months.

Who found the family, ie did the letting agent get the tenant or did you.

Letting agent found the people and kept in the house.

Who issued the cheques that bounced. The family or the letting agent.

Letting agent gave me cheques. I never met the tenants

Is the agent a one person outfit or an estate agent/chain

She is an Estate Agent has an office and it is not under a chain.

Appreciate response.

BIZWIZ said:

Who issued the cheques that bounced. The family or the letting agent.

Letting agent gave me cheques. I never met the tenants

Click to expand...

Were the cheques drawn on the Letting Agents account or the Tenants account?
If you know that you know who has no money in their account.

Hi,

as the house has been rented for 10 months, it will be more difficult to remove tenants if they are the ones not paying.

The first thing you need to know is, who issued the cheque that bounced. If it was the letting agent, then you need to meet the tenants and tell them that you want to be paid directly and not thru the letting agent. Also ask if they have a receipt from the letting agent for rent paid.

If the tenants issued the cheques that bounced, then you need to instruct the letting agent to start the termination procedure immediately.

The agent should have organised the PRTB forms and registered the letting for you. You can still register and pay a late fee which you should do.

At this stage i think you are at damage limitation and probably wont get the money owed. You need to try to resolve this as soon as possible so as not to lose any more money.

I'd concentrate on getting registered with the PRTB, you cannot claim your mortgage interest against your rental income if you are not registered, you cannot register tenants after they have left. You cannot take a claim throught the PRTB as a landlord if you are not registered - this does not apply to tenant's. As we do not know your agreement with the letting agent and even if they were supposed to do the PRTB forms you as landlord have the obligation to register them from the point of view of revenue rules.

Why don't you go to the house (you own it) and explain the circumstances to the tenants. If it is as your state instruct the tenant's to start paying you directly Then go to the solicitor and issue proceedings against the agent to get your money.