ladlord in need of advice

[Melliep]

Hi am new on here and hope you can help.We are currently letting out our property as we have moved across the country.We are using an estate agents to deal with the property, and over the last couple of moths have had to chase them to pay our rent money.Oyur tennant is very good,we've had no problems with her.She pays her money to the Estate agents on th 13th of each month, the estate agent is then supposed to have the money in our account on the last day of the month, but this has not been the case the last 2 months.I even called my mother to go and collect the money from the esate agents to put into our bank in the end last month which is rediculous!
What are the legalities to do with this? how long is the estate agent able to withold our money which is basically what's happening, and would this breach thier contract with us as it seems tantamount to theft .

Much obliged for any advice

With thanks

[bluebottle]

Re: ladlord in need of advice

Hello Melliep and welcome to Legal Beagles.

If you have a written contract with the estate agents which clearly states they will ensure any rent due to you is in your bank account on the last banking day of the month or as soon after as is practicable, then you can hold them to it.

From what you say, this sounds like a straightforward breach of contract, which can be remedied by way of a written notice to the estate agent, making it clear that the contract between you and them requires them to ensure any monies they are collecting on your behalf are in your bank account on the last banking day of each month and that they have breached this term on two consecutive months and are, therefore, in breach of contract.

With regard to what remedy you seek against the estate agents will depend upon any clauses the estate agents have inserted into the contract, if they are the principal party in the contract. If they deduct any management fees from what they collect, you could force them to repay all of some of the management fees for non-compliance. The ultimate sanction is to terminate the contract should there be any further late payment of monies owing to you.

If you have access to a scanner and can scan and post any contract between you and the estate agents, I can then give you better advice.

Bluebottle

[SpringerSpaniel]

Re: ladlord in need of advice

You might want to talk to Trading Standards about the conduct of the agent and/or to your local councillor

[bluebottle]

Re: ladlord in need of advice

One thought, Melliep. Who recommended the estate agents to you? Or did you pick them out of a directory, e.g. Yellow Pages, Thomson Local? As Springer Spaniel says, it would probably be a good idea to speak to your local Trading Standards Department about the conduct of the estate agents and one of your local ward councillors.

[teaboy2]

Re: ladlord in need of advice

You can also complain about the estate agent to the Ombudsman for Estate Agents Company Limited (OEA) as they can award you finanical redress for the estate agents breach of contract and probably fine the estate agents too - There website is here - The Property Ombudsman | Home

[Guest]

Re: ladlord in need of advice

Don’t know a lot about this stuff but wouldn’t a simple letter to the estate agent suffice.
Dear ***
Re Account***** Address
We note that payments from the above are not reaching our account within a reasonable period after payment.
This is unsatisfactory, and breaches terms, actual or implied, that require you to deliver a reasonable level of service.
Please ensure that payments for the next instalment are cleared into "account number*** by “Date” ”and continue thereafter on the same date each callender month.
Should you not be able to comply with our reasonable request we will have no option to consider our contract terminated, and make alternative arrangement for servicing this account.
****
If they dont comply contact the lessees and tell the to start payiing your new agent or just yourselves untill you get one sorted out.

Peter

[labman]

Re: ladlord in need of advice

I love that mindset Peter. I argue the same with councils and bailiffs. Simple letters often achieve more than formal procedures.

That is not of course to undermine the place for formal procedures.:tinysmile_grin_t: