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rachelmrafferty | I let my property via a letting agent? |
I let my property via a letting agent who found me a tenant. since the tenants moved in they have not paid me any rent and now owe me over £4000. The tenant is now saying that he will not leave until i take him to court to get him out!! Do i have any grounds to take on the letting agent!!!! |
 |
 
claimbankchargesback
 |
I would think you would have a claim against the letting agent, as you are paying them for a service which they are clearly not providing!
I find it very odd that they have let if get to the stage where the tenants owed £4000 in rent. Years back I rented a property, managed by a letting agent, and became too ill to work for a while. I only got 1 month behind the rent, and the letting agents sent me all the legal paperwork they needed to get me out if I hadn't paid up (which I did). If I hadn't of done so though, I would have been out 2 months after the first missed payment, entirely legally.
Why they haven't done this in your tenants case I don't know, as I would assume its standard procedure.
What ever happens, go to the court about your tenant first. Its unlikely that you`ll ever get your money, even with a court order (as they are unlikely to have it), so you want to get them out as soon as possible. It does take a couple of months, so you need to start as soon as possible.
I`d then go to a solicitor and seek legal advice on a claim against the letting agent, they are the best people to advise you. If your claim is for under £5000, you can do it yourself through the small claims court. |
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philhoonoseitall
|
Unfortunately, as long as the letting agency got credit checks and references you will have no claim against them.
They do not at any time guarantee your rent.
They only undertake to find a tenant and then manage the property.
You can take out insurance for this, the letting agent can do this for you.
Please do not go round with the boys.
You will turn a civil case into a criminal case , and YOU will be the one in trouble.
You have to take them to court. |
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gerrard8_s
 |
you will prob have to serve an eviction notice which usually gives the tenant 6 weeks to find somewhere else in the meantime make an appt with a solicitor if he still hasnt moved when the 6 weeks are up you will have to get a court order to remove him thats when the heavies go round and kick him out. The law states that a landlord doesnt have to give a reason for eviction anymore its just a long process not sure about the letting agent tho not up to much are they! |
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Nick P
 |
The agent might have liability if he did not get proper references or misled you as to how good the tenant was. Did they take a deposit?
To get the guy out you will need to go o Court and this could take time. Meanwhile he may not take good care of the property.
Don't go round with mates to get him out - you could end up in Court yourself and they have the power to put the guy back in again.
Go see the CAB asap or see a solicitor |
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deena
|
u should take them to court if its under ur name u have the right to kick him out if he refused take him to court or call the cops to kick him out |
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bud
 |
This letting agent isn`t doing the job you are paying them for, the tennants should have signed an agreement about rent and bills, even so I wouldn`t have left it so long as to let them owe that much money. If there is an agreement read it carefully coz you might be able to take the letting agent to court |
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s.waters1@btinternet.com
|
Get a few large blokes,go round there and chuck him out the window a change the locks. Its all the git deserves |
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Lex
|
Depends on if the agent is the principle on the contract or you are - and in that case the agent could then take the tenant to court to recoup what they had to pay you. Take the loser to court. If you don't like the agent, fire them. |
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shih tzu lady
|
Your agent should have intervened as soon as the first month rent went unpaid. Sometimes they have insurance arrangements to cover you in this eventuality. £4000 surely means that many months have gone by before anything is being done to recover the debt. Dont know what the limit is before the Small Claims Court wont hear the case. Be firm wit the agent - they have let you down badly. |
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missey01_uk
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i would contact the letting agency, surely there is clause in the application form, look at the CAB website |
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nina m
|
I would think so, they are responsible for the tennant. Go to CAB for advice. |
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