UK Landlord Forum / Life

Hi, new to this forum and I promise to come back, read replies and post again no doubt!

I've had the same agent since I rented out this flat a few years ago. Rent was always paid on time. New tenant moved in in November and the agents have taken over receipt of rent; this is now being paid on to me a few days later. I received an invoice for the next 6 months management fee a few days after the rent was due asking for payment; rent hasn't been forwarded at all. I called them twice and emailed. No response. An employee then told me they had retained the rent to pay the management fee. Can they do that? I've nothing in writing.

Hope that's enough info for you. Welcome your response.

When you say nothing in writting, you surely must have a contract with them and a copy of the AST etc?

Thanks for your question. Sorry, by nothing in writing I meant about them taking and keeping the money this month.... they invoiced me the management fee then nothing..... there's nothing in the AST or other paperwork that states they can do this....

Either way, if they can or they can't, if they have then I would be worried!

Business' who try to accelerate there cash flow like this will be in trouble, and I would fight tooth and nail to get it back.

Given you have an established trading pattern of them NOT doing this, you could assume this style of one off deduction is not a condition of the contract you have with them.

I would suggest you jump up and down and badger them about this. It will not be quick, and it won't be easy.... If they go bust holding any of your money, you wont see it...ever

Sigh. Thanks. Will go to see them in person. Now do I just turn up or do I make an appointment? I'd rather be armed with my 'rights' if such exist.

Are you in contact with the T's?  Might be prudent to get them to pay yOu instead of via the agent.  They've had their management money, there is now no need for them to handle your money potentially keeping it if they go belly up.

Good idea..... I think that's the next step..... I called the agent his morning and received a call back just now. Got some spiel about systems taking the money automatically from monies received. I was assured the rent money will be in my account today. Then I was asked when would I pay the Management Fee!!! I said I will call on Monday. I am gong to see if they will accept the fee in instalments monthly..... doubt they will..... I need to have that conversation about how long it's taking for the money to appear in my account each month.... appreciate the support here.

Just to say that I received the rent into my account this evening. Being a pain in the **** paid off. Now what do you reckon about me paying the Management Fee monthly? Do I need to start a new thread? They're expecting a 6 month lump sum and I don't know that I'm feeling all that magnanimous....

If the management fee is expressed as a % of the rent received I can't see, unless expressly set out that they can receive this prior to the rent being received.  As Bob says, sounds like a cash flow helper.