One months rent robbed by ex-owner of new flatMake Text Bigger
I am at my wit’s end, please help. I purchased my first 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 were 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 the 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
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