SMF - Just Installed!

1 months rent robbed by x owner of new flat

Started by sophie2017, September 30, 2017, 09:12:07 PM

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sophie2017

I am at my wit's end, please help. I purchased my 1st property in Scotland,Edinburgh, a buy to let flat, that already had 4 tenants in it, from September 14th to next year, paying total of 2100GBP / month. Total cash funds of was transferred to the solicitors based in Fife, on 19th September 17, and they transferred the money to the selling solicitors who received on 20th September. This is when l became owner / landlord.
On 22nd September, I rightfully requested the property manager in Edinburgh, for my share of the rental payment since my ownership of said property was from the 20th of September. The Edinburgh property manager, informed me that rental payment from the 14th September to October rent had already been paid to the x owner. Oh no.
As the x owner is only entitled to rental payment of up to the end of 19th September, ~£350 gross for September month, won't the selling solicitors be aware of this in the process of settling payments and liable? I have been advised not to escalate and inform the relevant authorities, as the selling solicitors should be aware of this situation. But obviously I feel uneasy, being short ('robbed') £1750 gross.
Should l just go ahead and contact Scottish Legal Complaints Commission, SLCC against the selling solicitors, as the solicitor we used to buy the property is very carefree and passive; it's been several days and he has not updated us on the situation despite me leaving msgs and emailing for a simple update. He did say that they have contacted the selling solicitors for me on 25th September , and selling solicitors will get in contact with the seller and he will update me further when they get back to him. It is now September 29th and still no update. He is very passive and services will not be used again. The Law Society of Scotland were emailed about this four days ago, but no reply :( should l phone them?
l believe the property manager's x manager(the current manager said x manager) collaborated or knew the reason the x owner, cunningly wanted an early payment. Let me explain.
l contacted the property managers today and was told that the x owner, requested an early payment of rent, from the x(?) manager, who he had a good relationship with. He got the early payment. The SAT agreement requires tenants to pay money on 14th of the month and the property managers normally pay ~7 days from then.
l made CHAPS total cash payment for the property on the 19th Sept. the property managers had sent SAT, HMO, Inventory, etc details to my solicitor / the selling solicitors on or before 7th Sept, so they knew it was going on sale; the current property manager confirmed this, that she knew that there will be a change of landlord. Yet full rental payment was made to x owner. the property managers have his phone number, email and contact address but will not give it to me. can the property managers be charged for this or made to give x owners's details?
I also contacted the selling solicitors and asked if the moneys had been settled with the x owner. but they said they would only communicate with my Solicitor. I had emailed all of them on ~25th September about this but they didn't respond to my email, even though I was the buyer of the property. It is most likely the x owner, has been paid in full as it was a full cash payment and was told by my solicitor that l could collect the keys on 20th sept. l am robbed, it is my family's life savings.
Who do you feel is more responsible for this clandestine thievery or for this to even occur and how could l legally get back my money? from x owner, the property managers or solicitors? I have now got the home address of the x owner, he lives in a plush victorian detached house in Edinburgh. I am considering sending a registered post requesting for the money otherwise unpleasant things will occur like legal action. Suggestions and thoughts please.
 
I spent a lot of time explaining, please give me at least a direction or who I can turn to. Thanks so much

Riptide

Sounds like your solicitor is pretty 'passive' as you say, another word could be useless.  I'm not legally trained and even more so this deals with Scottish law.  A call to the law society wouldn't cause much harm and a ' letter before action' to the previous 'LL seeking £xxx amount as settlement seems reasonable prior to you commencing legal action which should be covered by a MCOL.

Hippogriff

It is totally standard practice for the Solicitors to get together and do apportionment of things like ground rent, service charge and - indeed - rent that is due each party. Both sides are culpable, it would seem, if this has not beendone. But it would be your Solicitor who's most at fault for not being on the ball and looking after your interests, as you are the one that has lost out. Obviously if the seller of the property had paid the full year's ground rent / service charge up front, they would be expecting some of that back to them.

This is basic stuff. Simple maths. Part of the normal procedure of buying property that has incomings and outgoings. I've just completed on an apartment myself - the ground rent is £250 per year. The seller had paid in advance, as he is required to do, but in the completion statement there was an amount of money due them, from me, for the apportioned amount (e.g. three twelfths or 279 365ths, as an example). If all the outgoings have been apportioned, but incomings haven't, then you have a really strong case for someone dropping the ball.

In your situation I would be banging down the door of your Solicitor.

Added to that - you should also be on the ball. It obviously matters to you, so why didn't you check it? It's not chicken-feed.