Guaranteed rent agent not paying and laws broken!
I have given a few properties to a guaranteed rent agency to manage, handle licences, bills, tenancies etc. I gave most of them early last year with a one year contract.
Since handing them over, I have been out of the country and having just returned to attend a wedding. I have found illegal partitions, house rooms being rented as HMO, but no licences applied for, all bills put in my name and not paid, all tenancies drawn up between the agency and tenants.
I have had threatening letters from the council saying that rules have been broken and the house should immediately cease being an illegal HMO and turned back into a family dwelling, but tenants refuse to give names, accept section 8 notices or move out.
I tried to speak to the agents, they have vacated offices, won’t answer phones, and although the tenants are paying the rent. The company have now stopped paying me. The agreements have expired, new ones were to be signed during this visit and I really need to go back abroad due to family illness and I don’t know how to move forward.
Any advice would be much appreciated. At one stage I got so desperate to sort out the situation, I was thinking of selling and going, but offers from cash buyers was 100k under market value.
Many thanks
Nilesh
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Member Since February 2011 - Comments: 3453 - Articles: 286
11:14 AM, 23rd August 2016, About 10 years ago
Hi Nilesh,
On top of any advice readers can give you may also need help from our legal team if monies have gone missing.
Please see our Private Prosecutions page >> https://www.property118.com/private-prosecutions/
Member Since April 2014 - Comments: 163
12:14 PM, 23rd August 2016, About 10 years ago
I am sorry to say Nilesh that the agents are your agents acting on your behalf and you are legally responsible for many of their actions. I think you seriously need legal help to sort out this mess.
It is a lesson to all landlords to choose their letting agents carefully. You are giving them power over thousands of pounds worth of your assets.
Member Since June 2013 - Comments: 25 - Articles: 3
12:56 PM, 23rd August 2016, About 10 years ago
If only all landlords would heed Sam’s advice on choosing agents. This is exactly why all agents should be regulated and carry client money protection, as will soon be the case in Scotland.
Much is likely to depend on the content of the contract between you, Nilesh, and your agents, if you can trace them and they are solvent. But, as landlord and as owner of the property, I’m sorry to say that you are likely to be held responsible for their actions.
Member Since December 2015 - Comments: 259
1:26 PM, 23rd August 2016, About 10 years ago
Dear Nilesh,
As Property118 is a portal for landlords to not only seek advice, but update each other on rogue managing agents, please name the agency. If you have been abroad for the past year, you may be unaware of any current investigations on rogue agents and identifying them may assist us in providing you with constructive advice with regards to directing your complaint to the correct authority.
Your information could be vital towards achieving a prosecution.
Member Since February 2011 - Comments: 3453 - Articles: 286
2:25 PM, 23rd August 2016, About 10 years ago
Hi Dale,
Unfortunately we can’t for legal reasons name and shame on an open forum without absolute proof.
Member Since December 2015 - Comments: 259
4:33 PM, 23rd August 2016, About 10 years ago
Reply to the comment left by “Neil Patterson” at “23/08/2016 – 14:25“:
Then I suggest Nilesh try another forum platform like Landlord Referencing or Landlord Action who don’t have that proviso. And he should google the agency name to find out if other landlords have been equally taken advantage of.