UK Landlord Forum / Life

Have arranged a tenant via Estate Agent who have setup a short let tenancy agreement...1 year without breakout clause.

Going through difficult stages due to tenant non-payment/late payment, shortfall payment etc.
After meeting with tenant and conversation to her father have established following:

1. Tenant is a single mother on housing benefit currently on maternity leave - this was not disclosed to me at inception by EA

2. Tenant's father didn't sign guarantor agreement - again this was not explicitly highlighted by EA to me

3. Estate agent have advised tenant not to arrange a direct payment from Council to Landlord but instead
    "guided" tenant to set up a dedicated bank account and redirect payments  to landlord (in the real context
    basically disguised tenant being on HB).

Have approached Council with request that payments are made direct into my account, also tenant has accepted
to instruct Council to do the same. Still waiting for both.

Have paid EA a fee to find the good standing tenant. Ended up with Council Tenant that doesn't pay plus no
guarantor at all!?

I am looking for the best way to tackle EA's mischief.

a- I am out of pocket
b- I have paid them a fee to find the good standing tenant-Council tenant I can get for free with contract setup
    and  also rental monies being paid directly into my account
c-They have breached their professional conduct, their duty and diligence and caused me financial loss and distress!

I have read section 8 and do understand options for eviction etc. Very slow difficult process...

My only real option is to rectify situation with EA as they have setup the whole thing wrong from the beginning.

How best to go about this?

Thanks,

NL

Quote from: nlenn on October 22, 2014, 09:11:01 PM
Have arranged a tenant via Estate Agent who have setup a short let tenancy agreement...1 year without breakout clause.

That must have sounded as bad as when you typed it as when I read it.

Quote from: nlenn on October 22, 2014, 09:11:01 PM
c-They have breached their professional conduct, their duty and diligence and caused me financial loss and distress!

You know lettings agents require no qualifications, training and are not regulated?  As you've found out their professional conduct is questionable at best.

I feel for you and don't know what your recourse is, I hope you find an acceptable one.

Lesson learnt though, if using some wideboy to find a tenant who gets paid for a 'bum on the seat' you must must must at least conduct the viewings yourself and take some control over who moves into your property.  A pre tenancy chat with this particular person would have been very revealing.

Sorry if this post comes over as harsh, it's not meant to be, it's just that I have little time for agents the more experiences that I hear about them.

I would say stick with this tenant

If you do get paid regularly now its out and understood, your hardships should be over.

Pursue that shitty Estate Agent with as much Vim and Vigor as you can muster.

Fire the Estate Agent... that is the punishment they deserve. Do not pay them any other fees or termination etc.. If they shout about it let them sue you... respond to that with the facts. Doubtful they would be successful.

Then take a deep breath and move on.

It's going to be more hassle pursuing the Estate Agent, they won't think they've done anything wrong, they'll fight tooth-and-nail and the outcome would be in doubt. They certainly won't learn anything. Talking about an Estate Agent's professional conduct makes a lot of us on here chortle. Most of these Estate Agents know nothing... I kid you not, they are imbeciles, liars, bullies and lazy to boot. They're best avoided (if anyone accuses me of generalising, I'll just say I have personal experience of a small number of different Agents and I've never yet found a good one).

Then decide whether to keep the Tenant... if the payments come directly to you then you just need to chase the top-up (assuming the money the Council pays does not cover all the rent)... this may be a challenge in itself... I have various Tenants and only one receiving LHA - they are the one I must chase every month for the top-up. Every other Tenant pays their rent on time, without fail (so far). It is hard work, I have to write at least one chaser email every month to get the extra cash in (woe is me!)...

Your problem is not an unfamiliar one sadly, but you are not alone. If you do decide it has all become too much for you, post again for further advice.

I don't mean to throw salt in the open wound, but you kind of brought it up on yourself. Yes, you got suckered in, but that wouldn't have happened if you paid a little more attention and exercised  a little more control over your business.

That said, go and visit this website: http://www.allagents.co.uk/ and put them on the wall of shame - step one. The site wont return your investment, but you'll make sure people see what kind of a lousy guy they're dealing with.

Also, if you're willing to pursue the LA, take a look at this article. I think it has the information and resources you're looking for. Good Luck!
http://www.propertyinvestmentproject.co.uk/blog/how-to-complain-about-a-letting-agent