3 years ago | 8 comments
Hi, I have tenants that haven’t paid rent for over a year. The managing agents won’t reply to my emails or phone calls.
We haven’t fallen out and I haven’t been rude, but they are just blanking me totally, although I know they are still in business.
I’m living abroad so can’t visit their offices. I don’t know who is in my flat, is it the original tenants?
They managing agents won’t reply, so I don’t have a copy of the contract or Gas Safety certificates or anything so really stuck on how to proceed.
Any help would be greatly appreciated.
Thank you,
Jacquie
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Member Since May 2023 - Comments: 206
10:27 AM, 16th August 2023, About 3 years ago
Why don’t u have the gsc?
Member Since October 2022 - Comments: 402
10:40 AM, 16th August 2023, About 3 years ago
What does your contract with the agents say about communication and quote that to them.
Who are agents governed by and if not by any regulatory body then report to ARLA or Safeagent or National Association of Estate Agents
Member Since May 2023 - Comments: 206
10:41 AM, 16th August 2023, About 3 years ago
Yes if there area registred, it’s funny when the money is coming in their fine, when problems occur then u cant get hold of them.
Member Since September 2014 - Comments: 166
12:48 PM, 16th August 2023, About 3 years ago
Based on the information you’ve provided, I’d take action to recover the property then sell it. It will be easier and cost a bit more to sell to a firm that buys up tenanted properties.
If you do it concentrate on the tenancy which is the biggest problem and wil take longest. Ideally a neighbour or relative could tell you more. Whether or not you return to the UK, it sounds as if you’ll end up instruct a firm to recover possession – in your circumstances use a specialist (examples: Shergroup, Possession Friend, Landlord Action – I’ve not used any so can’t recommend).
The letting agent can easily ignore an email or phone call from abroad because there’s no threat. You need the evidence all prescribed information was served or reclaiming possession will be more difficult/expensive. I’d instruct a solicitor to act for you on this.
Member Since January 2015 - Comments: 1431 - Articles: 1
1:21 PM, 16th August 2023, About 3 years ago
Haven’t fallen out? But you’re not in communication with them!
As this is your business, I would come back to the UK and sort out the problem.
Why have you let the rent arrears run to over 3 months? (Yes I know you can serve a s8 after 2 months arrears lol)
Are the letting agents still in business? If a Ltd company check on Companies House; do a Google search etc etc.
You will have a huge problem if you don’t have copies of the tenancy paperwork, and could open yourself up to hefty fines, if trying to serve s21 or s8 notices for possession. Why haven’t you got copies?
The buck stops with you the Landlord not the agent, who is acting as your “servant”.
Member Since April 2018 - Comments: 45
7:29 PM, 16th August 2023, About 3 years ago
Not 3 months, Judith. A year. Jaquie, you have a serious problem and I don’t think you have admitted it to yourself yet. As above, either the agent has ceased trading, or the agent is keeping the money, or the tenants are not paying, or that ithe tenant has gone, all of which lead you to the same problem, no rent to you. You’ve absolutely got to get to the bottom of this. This stinks of fraud, mismanagement, lies and deceit. Clearly, phone calls are not going to work. You’ve tried that. I agree with the above, namely that you need to come back to the country and see what you can find out. Alternatively, maybe a private investigator could get to the bottom of it for you. Using solicitors at this point is too early. You really absolutely have to know what’s going on. Whatever it takes. Good luck.
Member Since May 2016 - Comments: 1570 - Articles: 16
9:27 PM, 16th August 2023, About 3 years ago
Reply to the comment left by Simon M at 16/08/2023 – 12:48
Jacquie,
We have a number of overseas Landlords that we’ve helped.
Why not have a conversation ?
Member Since December 2021 - Comments: 161
6:31 AM, 17th August 2023, About 3 years ago
Tell us where the property is, there may be someone local here who can have a quick look for you.
Member Since November 2011 - Comments: 18 - Articles: 2
9:17 AM, 18th August 2023, About 3 years ago
Reply to the comment left by Smiffy at 17/08/2023 – 06:31
This. Switch to a local agent and get them to do the ‘local’ legwork for you. But don’t mess them about – you need to be serious about switching (not a difficult decision, by the looks of it).
We have done this before and got straight round to the property with a Section 3 Notice (change of landlord/managing agent) to ensure that the rent at least *starts* to come to you.
Then deal with the agent. First & foremost, get back control.
Member Since November 2015 - Comments: 4
10:56 AM, 18th August 2023, About 3 years ago
Reply to the comment left by Nick Stott – The Homesure Group at 18/08/2023 – 09:17
Thanks, that really useful information. I was thinking of this, but would need the tenants contract and the deposit back, not sure if they will reply, but will talk to new agents. Thanks for your help