SMF - Just Installed!

Please advice me...

Started by stella, April 22, 2015, 01:37:30 PM

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stella

Hello to all of you.
I am new to all these, and I really need your advice. I am the landloard of a flat, for 4 years now. I live abroad, due to my work, so I have an agent to manage the property.
My flat is new built, and was in perfect condition when I bought it. I furnished it with all new furniture and equipment. In the time it took to finish the complition, the agent rent it to 3 students for 1 year, without asking me. He payed me only the first 7 months and then stopped giving me the rent, so he changed them to a couple with 2 kids, again without asking me at all. Notjce that I haven't signed any contract with the agent. He only send me the tennancy agreement witn the tennants. The new ones (3 years now in my flat) are not paying in time, and have missed 2 rents since two years now. And every month they keep money for damages. New washing machine, new oven, window damage, new floor, painting, etc.
I told the agent that it is not logical for a new flat, and he told me that this is the situation and I can do nothing.
I believe that the agent or the tennants are lying to me. The agent refused to give me the tennants details to contact them. This is two years now. I found them on my own, as they have made the flat their business address (with other 2 people in addition).
I have call them in a friendly mood. They initially told me that the agent is not giving me the rent and they pay every month, but when I asked them if they have copies of receips to sent me, denied to colaborate with me, and actually spoke to me very agressive. Notice that I did't ask them to leave, I told them only what is damaged (as the agent informed me of a new, very serious, damage 5000 pounts or more). They told me that they do not leave the flat, and to fix the damage immediatly.
I emailed the agent to fix the damages, and he said he will, but he is not responding to my calls or e-mails, for two months now.
I am really unhappy with all that. I do not know what to do. They both take advantage of my absence abroad.
I must change both agent and tennants, but I don't know how.

gls

Your current tenants are on a periodic contract now due to them being with you over the six months shorthold contract time.  You can just serve notice on them and you don't have to even give a reason.  You are the landlord and the contract is between them and you with the agent acting as a go between collecting your rent etc.
I think you clearly have a bad agent which you need to change for the next tenant.
Write to your agent telling him of your intention and serve notice on the tenants.  End of your problems (hopefully).


stella

Thank you for the reply.
How do I serve a notice ? Should I tell the agent to do so, or inform my solicitor to do it ? And then tell the agent that he is off too?
I am afraid the tennants will make tricks not to leave from there.

Hippogriff

Employ a Solicitor who specialises in property and then tell them what you want. It will cost you, but I fear any other way of you going about this is going to be more trouble for you. You obviously are trying your best to communicate effectively, but I'm sure you can see that this could be a challenge. You must be prepared to spend more money, with the Solicitor, to get where you need to be. I do not think you can go about this yourself.

Alternatively, sell the flat - probably via the Agent you have somehow employed. They will want a fee for this, but at least you are removed from the whole situation if you manage to sell it.

gls

Do you have any friends or family here that can take control of the situation for you.  If not then I agree with Hippogriff, you need a solicitor to handle things for you.
Perhaps phone a few solicitors in the area and get an average costing for doing this.

stella

Thank you for the replies.
I do not have friends or family there. I only have the solicitor who did the completion, which I can speak to, and my accountant which is also informed about the situation.
So, I will use this solicitor....

Rob722

Hi did you give permission for them to make the flat their business address??

That alone is normally a breach of contract, so if you find they are in a fixed term then that can be a reason to evict,

stella

No, I never gave permission to do it a business address, and they actually have added other additional people there as their business address. Their nationality is Polish. I am sure that there is a fraud there, in relation to get national insurance, benefits, a pension, or whatever. It is not something I gave permission, or I have knowledge. I have found it on my own, trying to find their telephone number...!!!

stella

What is your opinion ? Do you think it will be easy for me to solve it ?
What is the best thing to do ? To inform first the agent that I am giving an end to the tennancy, and to him obviously...? Or to proceed with the solicitor, and just inform the agent after the notice to the tennants? What is the best thing to do ?

Hippogriff

Please go to a Solicitor who specialises in property law disputes / situations... I probably don't mean a simple Conveyancer.

stella

Thank you. I will do that first thing on Monday.
But what about the deposit and the 2 months rent they haven't payed ? Do I give them the deposit back ? The deposit is kept by the agent, I never got it in my possesion in order to return it to them. The agent is still not answering my calls or my e-mails. I am really very angry...!!! All these people do not respect the other. I have put in this house all the money I have earned since working...and I work since I finished school. And I was studing in parallel. And I always was paying my flat and bills. And now I am working abroad. I do not sit there, eating from the others.

Hippogriff

Your situation is too complicated and your English is not good enough (sorry!) for us here to be giving you advice on an Internet forum. You need the proper advice and guidance of a paid-for Solicitor who specialises in property law. Present this Solicitor with all the facts - just hand over all the information and hold nothing back - then tell them what you want to happen in the end, they will advise you on what needs to be done. Remember to ask about getting the property back, about the unpaid rent, about the deposit... then let them resolve it for you (hopefully).

stella

#12
Dear Hippogriff, thank you for the advice.
I apologize for my English. Next time I will write you in Greek -from which you got your name- in order to understand me.
I did not write here to find a solution to my problem, but to get some opinions from people more experienced than me. Tomorrow I will go to the  specialised solicitor to solve my issue, and certainly will not write here again, as I didn't knew that it is only for native speakers.

Hippogriff

#13
My apologies, I did not mean that (but it demonstrates the issue perfectly)... all I'm saying is that a lot could be lost in translation with this very complicated issue and lots of people offering you advice. My very strong advice to you has been to employ a professional to help you with this messy situation... someone who can listen to your issue in detail, someone who is trained in the field and someone who can then offer you advice and even do some or all of the work for you. Please do not take offence when none was intended... my advice has been in the spirit of you making the best progress.

boboff


Hippogriff