Rent payments after section 21 notice being held back by Agent?

Rent payments after section 21 notice being held back by Agent?

14:45 PM, 20th December 2023, About 4 months ago 9

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Hello Everyone, I hope you can answer this please as I am not sure the agent is right in saying this to me.

The tenant was issued a section 21 in July 2023, to vacate by October 2023. They did not vacate on this date.

However, they have carried on paying the rent to the managing agent, who is holding it back, saying they have to do this, as the tenant has not moved out and I am seeking a possession order.

Is this correct? Can the agent do this?

Many Thanks


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Cider Drinker

14:58 PM, 20th December 2023, About 4 months ago

I don’t use an agent but I’ve never heard such nonsense. I’d be extremely concerned if I was you.

Julie Ford

16:08 PM, 20th December 2023, About 4 months ago

Your agent is feeding your total BS!
The s21 has zero effect on the tenants legal obligation to pay rent.

How dare your agent withhold this from you

What reason are they giving you for doing this?
The agent works for and on behalf of YOU.

Rob Crawford

16:39 PM, 20th December 2023, About 4 months ago

The agent may be anticipating additional cost associated with the serving of the section 21, court and bailif costs etc. Have you instructed them to do so or are you doing this? In any case it would appear you have not received a reasonable explanation for their holding of rent paid. Your terms of business with the agent should explain why payment will be withheld in the event of possession proceedings. I would suggest clarification is demanded. Do so in writing to the "Principle". If your still not happy, ask for a copy of their complaints process. Comply with it and if not satisfactory forward your complaint to the Ombudsman.


17:09 PM, 20th December 2023, About 4 months ago


Thanks, really can't trust them, can you, had words with them today about this.

Now have a statement and should have two months money in the bank tomorrow I hope.

BTW I am taking the tenant to court, they have put their hands up and not supported any of it, its taken me all this time to get the right documents out of them. let alone the money for the rent. I think between the local agent in Southampton and its parent company, they simple mess things up.

Neil Heffey

11:11 AM, 21st December 2023, About 4 months ago

The agent cannot do this at all. An agent collects the funds on your behalf and can only hold them on trust with your permission. All agents have to be members of a property redress scheme and they also should have insurance and client account protection. You should take steps to make a formal complaint to the agent indicating that you want a final response so that you can progress the complaint to their redress scheme (ask them who they are registered with). As they are withholding your money, I would also terminate their management as they have no legal basis to do this.

Jonathan Willis

12:58 PM, 21st December 2023, About 4 months ago

Absolute nonsense. Agents work on your behalf, they have no right to withhold anything.

You can rent to the tenant directly, imagine who would be holding the rent if that really was true.

Complain, goto the redress scheme, if nessecary, letter before action then sue. However someone at the letting agency will see the screw up and give you your money.

Alexander Henry

14:11 PM, 21st December 2023, About 4 months ago

Reply to the comment left by Jonathan Willis at 21/12/2023 - 12:58
It's a common misconception that the letting agent works for the landlord. In theory only. Every agent I've dealt with believes the tenant is their client, not the landlord. Tenants pay them money, landlords take money from them.

Michael Booth

17:01 PM, 21st December 2023, About 4 months ago

Rubbish you are fully entitled to your full rent ,you are lucky the tenant is still paying it, they normally stop paying and you have to take it to court to get paid, its happened to me l just written it off , the full system is geared in favour of tenants.


8:36 AM, 23rd December 2023, About 4 months ago

Actually you CAN receive rent after the tenant has not moved out BUT you MUST record it as MESNE profits (check whether the agent actually records it as such) - 'Mesne profits commonly occur where a landlord has obtained an order from a court to evict a tenant, or where an individual sues to eject a bona fide landowner to whom title to land was improperly conveyed. The mesne profit represents the value (living rent-free, profits earned from the land, etc.) the ejected tenant received from the property between the time the court ordered the eviction and the time when the tenant actually left the property.'

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