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LET DOWN BY LETTING AGENT AGAIN.. ANY ADVISE ON WHERE I STAND?!

Started by enoughisenough, November 03, 2011, 11:05:35 PM

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enoughisenough

Hi,

Just over 2 years ago i decided to let my house out as selling was not an option and i wanted to move my daughter into a better area/school.   I originally managed the house myself and let to a friend of a friend whom was on benefits and promised to have it paid directly to me.   Unknown to me the lovely Government had just changed the payments to instead only go to the tenants...wham bam thank you maam she never paid,  i had a fight with benefits to stop her payments and a court order which ended up in a physical eviction with bailiffs.      While this was happening i was contacted by a lettings agent (they got my details from my new advertisement for a tenant) and they offered to find me a tenant for free and take 10% pcm management fee. I took them up on their offer, they helped me evict the above tenant and i advised i wanted nobody on benefits)   

They found a tenant and advised she had a guarantor (her dad),  she moved in but after 2 months the rent got later and i was advised she was now claiming benefits!   This carried on for months, and getting any info out of the letting agent was like getting blood out of a stone.. when i did get hold of them they just said they could not contact her etc.  I found out from a neighbour that she had moved out because of an arguement with her boyfriend but that he was still living there (he was not on the ta) i was receiving no rent by this point.     I found out a month later she had moved back in and she rang to complain she had no hot water which was still dealt with even though i was receiving no rent!    In the end the tenant moved out at the end of the tenancy (March 11) owing me £2000 and leaving my house with £1500 worth of damage (hole in walls/doors, carpets ripped up etc)   Even though i ticked the box for rent guarantee insurance the lettings agent failed to take it out.   They put in a claim for the bond for the damages to my house but seemed to mess around with this, filling out forms wrong and this took 6 months to come back to me.   As the guarantor would also not pay up i requested he be taken to court for the outstanding rent of £2000 as he had his own house and was working.    I didn't feel like i could get angry with the guys at the lettings agency as they had helped me evict my first tenant so i decided to give them one last shot.    They advised me they had a couple whom wanted to move in whom already rented from them and were also his friends, they also had a guarantor.  I made it specifically clear that insurance must be taken out i was struggling myself after having to pay mortgage and rent.   After 2 months i received a letter from the lettings agent stating the guy had been made redundant, he had broken up with his girlfriend and that the rent would be late!    This arrived 2 weeks late.   Then nothing until apparently he was mugged and couldnt pay again.   He paid £200 of £1000 he owes last week and the letting agent took £100 management fees!    When i asked them why they said they had forgotton to take a management fee off the bond which they gave back to me from the last tenancy!   This was the last straw and i emailed them back saying i was absolutely fed up and that if they had taken out insurance in the first place i would not have been in this position plus i also took out insurance on the present tenant but the lettings agent just ignore me when i mention it.     I did not receive a reply back to this email.        I also found out last month that they only took the tenant owing £2000 to court and not her guarantor as i'd requested so he had to re-apply to the court to add the guarantor.   

I asked for a copy of these court papers 3 days ago and they are just ignoring my emails.

My house is now on the brink of re-possession because of this letting agent who don't seem to know what they are doing.

Does anybody know where i stand on how i can maybe take control of the original court order and get my monies from the present tenant?

Sorry its long but any advise will be gladly received.

Thanks





Jeremy

hello enough

I'm really sorry to hear your story.  If I were in your position, I'd be thinking: Reposession is my biggest worry.  Everyone else gets their cut of their fat fees before I get what's left.  I must avoid this happening.

So my actions would be about creating cashflow to pay the mortgage again:
- Where-ever you are renting, serve notice to quit on your landlord.  If you have to, move in with family or friends for the short term.  You only moved to get a good school and now your rental has done its job.  This frees up your cash flow currenlty going on rent to pay your mortgage.
- Get the agent (or a solicitor if you feel you can't trust them) to serve notice to get your tenant to quit on your house so you can return to living in it
- Show your mortgage company you've served the two sets of notices so they can see you've got a plan to return back home and can pay your mortgage.  They should give you some slack if you can show them you're regaining control

Later on: You may (if you have enough evidence in writing) have a good case to sue your lettings agent.  Twice they have failed to arrange Rent Guarantee cover for you, despite instructions.  Talk to a solicior.  They have acted negligently.  You may need some cash to pay Court Fees, so if you want to to this, do it once you're back on your feet.

Best wishes...