Help! Dodgy Letting Agent?

[aclassey]

Hi...thought I’d post on here to see if anyone has experienced this...I’ve got a couple of properties that I rent out via a Letting Agent on a full management service. I’ve been with the same agent for approx 4 years and he takes 10% of the monthly rent. I looked at my bank account the other day and noted that the rent for one of the properties hadn’t made it to my account so I called the agent up and asked when the money will be paid. They replied saying they had forgotten to tell me that the tenant had given them his one month’s notice (a month ago) and that they were no longer dealing with properties in that area and hence hadn’t advertised it to look for a replacement tenant. The property is now sitting empty. So I said that my one months notice should begin from the 1st May (the date of this conversation) and that I expect a full month’s rent to be paid (from the agents pocket as the tenant had done everything correctly)...the agent responded by saying that its normal to have a void period after a tenancy has ended anyway (which I’m fully aware of) and that they won’t be paying up.

So naturally I feel that I’m being ‘done’ here...I don’t see why I should forfeit my months notice because the agent forgot to tell me? Has anyone experienced something similar? What do you think my options are? The agent is a member of ARLA too.

[JustinP1]

It is normal to have a void period, but you have a months notice so you can minimise it. Secondly, you employ an agency - that is you pay them money to do a job of telling you. They haven't done that job.

They have a contract with you to act diligently. They haven't and they have been negligent.

Your own idea of an outcome I think is both a legal and excellent one which i am sure a court would agree with. I would put the above in writing, put forward the cost of the damage, and give them two weeks to get advice and pay.

[aclassey]

Thanks for that...it's good to get some confirmation from someone else that I'm right to chase these guys. I must admit, I can't believe that they're trying to stuff me out of a months rent...I actually considered them 'friends' as I was one of their very first clients...just goes to show how money spoils things.

I did exactly what you said a couple of weeks ago and gave them a deadline of today to pay the final months rent...no sight of the money. Are you familiar with dealings with ARLA as I thought that if they are members of ARLA and have not abided by their code of conduct there may be a route for complaining there...?

[ginettag27]

you see them as friends they saw you as business.

[jamesuk28]

PM me if I can help, we have recovered against several letting agents.

[M400 NBL]

Is the LA an independent co? If not, there must be someone more senior that you can explain the situation to.

I've seen 1st hand how money grabbing LA's can be, but they'd make the money back from their mistake if you continue to use them in the future.

Best of luck.

[aclassey]

Thanks for the response...much appreciated. I gave him one final chance by emailing him this morning saying that I'd posted the scenario on a couple of forums and the overwhelming consensus was that they are in the wrong and also added that I'd made contact with ARLA (I added that I hadn't mentioned to anyone who they were yet). So I said that if I don't get a response by the morning then I'd continue with legal action. I copied his wife in (they work together). They paid up 30mins later.

:O)

[m4tt]

Top effort, glad you got the money back.

[M400 NBL]

Nice one!