Tenant in, no agreement and agent not sending rent?

by Readers Question

9:17 AM, 30th August 2018
About 2 months ago

Tenant in, no agreement and agent not sending rent?

Make Text Bigger
Tenant in, no agreement and agent not sending rent?

I have recently let out a flat through an agent. The agreement was to charge an all in fee which would include the rent collection. The fee will be paid on a monthly basis, deducted from the rent.

The tenant has moved in about 11 days ago, but the agent would not pay me the rent that they have collected from the tenant. On every call they try to connect me to accounts who are forever on holiday. I have not yet signed the tenancy agreement.

They have send me a photocopy of the agreement where the landlord signature is blank. What are my options here? I have mortgage payment and service charges to pay from the rent. I have tried contacting the a agent a few times but no movement whatsoever.

Please advise.
Thanks

Arup



Comments

Rob Crawford

10:04 AM, 30th August 2018
About 2 months ago

The terms of business should state how long it takes for the rent less costs to be transferred. The transfer will most likely be authorised by the accountant. I would ask to speak to the agency senior person responsible for letting to get a better understanding of their payment process. If a high street agent I would pop in for a face to face. If you are a new LL client then I would expect some effort by them to retain you.

Gromit

10:14 AM, 30th August 2018
About 2 months ago

What does the agreement you have with the agent say regarding the timing of payments?

Graham Bowcock

9:56 AM, 3rd September 2018
About a month ago

Arup
If you can't get answers to basic questions, you should be concerned about how this relationship is going to progress. It begs the question about their compliance generally (e.g. gas certs, deposit protection). Somebody, whether in accounts or management, ought to be able to speak with you.

If I was you, I'd get round there pretty quickly and get them to take you through the file and their procedures. It could be all above board and they are just poor at communicating, but you need to find out before it's too late.

They may have a single payment date (I have done this in agencies and it saves holding a float), although this should be in their ToB and somebody should have been able to explain this to you.
Graham

Kate Mellor

23:55 PM, 4th September 2018
About a month ago

In relation to your not having signed the tenancy agreement, it is likely that the agent has signed it on your behalf. Your copy will only be signed by the tenant and the tenants copy by your agent on your behalf. Technically each party’s copy only needs to be signed by the other party to the agreement.

Michael Barnes

12:00 PM, 5th September 2018
About a month ago

Reply to the comment left by Kate Mellor at 04/09/2018 - 23:55
I read it as "LL agreement with agent not signed".

Kate Mellor

18:04 PM, 6th September 2018
About a month ago

Reply to the comment left by Michael Barnes at 05/09/2018 - 12:00
It says tenancy agreement in the question...😏


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

HS2 accelerating Birmingham's potential into its grand future

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More