UK Landlord Forum / Life

Hi all, I'm having an ongoing nightmare. I'd appreciate it if some of you could read through this and advise me what to do. Apologies in advance for my story telling skills.

Basically, I've let my house out through an agent for 14 months now, the agent is very vague in what he's done and very patronising and manipulative. He'd tell me off for talking direct with the tenant, and her too.

Anyway the tenant has never been up to date from day one and I've wanted her out for a while now but the agent keeps trying to talk me into agreeing to payment plans to let her stay even though I need to sell the property. I can't stand the place where I currently live and all the time I'm paying towards a far better house for somebody I don't know to live. Also it'd be nice to be able to sleep at night sober.

Some time around June last year she was still well in arrears and I asked him to serve her notice which he said he did. I'd read up on it a bit and asked him if he'd done it in person and he said "no", I asked if he'd sent it recorded post and got the same answer. When I said that she'll just pretend that she never got it he said that she couldn't, etc. Anyway, she did and then by that time he said she'd paid some arrears and they'd set up a plan and that was my best option. So I went along with this.

Then in August I started working abroad, I can be away from between 4 and 10 weeks. She soon stopped paying again and in October I told him no matter what, I want her out. "No problem" I was told, then when I came home at the end of December, I called to see what was happening and she was still there.

When I ask what he's done, etc he gives vague answers. I said I wanted to go to the house and sit down with her, tell her I have to sell, etc. The first time we arranged to go as I turned up his van was on the front, he got out and said to follow him up the road which I did and he explained that the tenant had answered the door and her kids were playing up so he'd said to rearrange a time when the kids were at school, no problem. We arranged two times to meet when just before he rang me and told me the tenant cancelled, I pretty much gave up after that.

He says that he doesn't need to go down the normal routes ect. He'll be her friend and persuade her and all this bull that he blinds me with. He told me that he's making me out to be raging mad, etc and that he's keeping me sweet for her.

Well the last I know her last notice was up on the 5th of February. He told me that he'd told her she would be in court in 3 weeks and that had got her scared and she was trying to find somewhere to live. After him not answering my calls all last week I spoke to him yesterday and the tenant is still there. I asked if I should write a notice of possession, he said he has and it has to go to through solicitors now. Am I wrong or should an agent be able to do this without a solicitor? And can he write a notice of possession?

I asked what this is going to cost and he just said "I don't know but quite a lot". I'm no property tycoon, was just trying to hold on to my house. If this is right does anyone know how much I can expect to pay for the solicitors, etc? I'm strapped enough having to pay for a house I don't live in on top of my own life.

I've since been trying to contact the tenant but no joy there, probably no wonder with whatever stories the agent has told her.

Sorry for babbling on, it really p!$$£s me off. Any advice would be much appreciated.

As he's been acting as your agent, anything the tenant has sent to him, or said to him, or paid to him has been sent, said or paid to you.
And you need to be very precise on what's been done and said (and paid) before you execute any notices to quit.

In this case I would use a solicitor, because you don't know what's been happening with any degree of certainty.

You can then issue the correct notices (which you should do, not the agent) - blame the solicitor if the agent gyps.

Don't sack the agent (although it's the right thing to do) until the tenant is out and the deposit is returned - he's barely on your side now, and you don't want him working against you.

The cynical part of me suspects that when you dig deeper you might find that he's been pocketing some of the rent, indulging in some "tenant relations" or he's hiding something - multiple tenants for example.
There doesn't seem any reason for him to behave as he is - unless there's something in it for him that you don't know about.
That's just a passing thought - get the tenant out (legally and calmly - it'll take a while) and move on.

Thanks for the reply. I'm abroad at the minute and it's the agent saying that he's getting a solicitor. I'm just worried I'm going to get rolled over for money I don't have. Is it definitely a solicitor I need then and not a better letting agent?

We spoke to our solicitor last week about taking our tenants to court.  He advised me to go down the small claims route as you do not get the solicitors fees back, which would start at £1,500!!!!!  Your agent sounds like he is a nightmare.  Do you have an email trail of all the paperwork too, notices etc, we have been advised to gather all this info for our case.

Get her out using a fixed fee eviction service as these people actually know what they are doing unlike your agent. Being realistic no letting agent is going to step in at this stage as there is absolutely no upside for them. Whether you go down the arrears route or the S21 route doesn't matter the important thing now is to see a professional who knows what they are doing. If we are asked to serve notice we will do it in person and photograph the letter going through the door! It is possible to do it yourself but you need to know the exact arrears position if you go down that particular route. There are so many pitfalls for a person serving notice that I do not believe it is worth saving a few hundred pounds when the consequences of getting it wrong are far more costly. Don't forget the old lawyers saying, "a man who represents himself has a fool for a client!"