UK Landlord Forum / Life

I have signed a rent guarantee contract with an agent off the high street, but the tenent hasn' paid their rent for 4 consective months and the agent haven't paid me over those months. 

I have already telephoned and emailed the agency on many occations, every time they offered a date to pay, but payments has never arrived.  I am frustrated and equally confused as the original contract was signed between me and the agency, with a rent guarantee, and I was promised that in the event of rent arrar, I shall always be paid on time.

Does any one know what is the correct proceedure to deal with this problem please? 

I have now written to the agency to terminate the contract, but can I vacate the property and get the key back on time if tenents did not sign the contract directly with me?

Quote from: yl241 on October 25, 2017, 03:44:17 PMI have now written to the agency to terminate the contract, but can I vacate the property and get the key back on time if tenents did not sign the contract directly with me?

It sounds like you're in the middle of being fleeced. Feel for you. On the specific question you ask here - the answer will be that you are bound by the normal rules that govern a tenancy as if you signed the contract directly with the Tenants, because the Agent is effectively you... in that they're your Agent. So, if you could issue a Section 21 under normal circumstances then you can here, if you can issue a Section 8, then you can here... if 'you' have / (your Agent has) signed a fixed term AST of, say, 6 months and you want to use Section 21 then you're likely going to have to wait it out.

I would go and visit the Agent's physical address and sit in their office until they - hopefully - paid me. Telephoning and emailing hasn't worked, yet, has it?

Could I issue a Section 21 or Section 8 to the agent and send a copy to the tenants?

Its a shame that you can't "Name and Shame" the Agent. The story sounds familiar rent guarantee insurance...

1) CHECK which Govt Redress Scheme your Agent is registered with?. If they have one call them and use their complaint system.

2) Do you have a copy of the rent guarantee insurance name that you signed up for?

3) Is the deposit registered with a deposit scheme and do you have a copy of this?

4) Have you checked the reviews on line of your Letting Agent?

Once you've sacked your Agent by letter you then have to inform your tenant that you are the Landlord and that they should start paying rent directly to you. Also Read "Right to Rent" as you have to ensure that the tenant has received all the documents. And that everything in the property is in working order. Then you can start the section 8, and before section 21 you have to return the deposit to the tenant.