Change Of Management

[laughing_goat]

My letting agent sent me a letter the other day saying the LL had written to him stating they no longer required his services from the beginning of next month. He also phoned me but has very little knowledge himself of what is going on.

So far the LL hasn't contacted us, we have no contact details for the LL, no bank details to send the rent to (the rent is due in the first week of every month) and I'll be dammed if she thinks she'll be holding the deposit.

Does anyone have any advice?

[Magpie]

Perhaps put the rent to one side, and send a message via the agency that you have the rent ready to pay but need to have the situation clarified with regards to who you are paying and who is holding the deposit. Make it very clear that you are not withholding the rent, but simply waiting until you have up-to-date information.

I can't imagine it will take the LL very long to contact you.

(If need be you could then make it clear that the next month's rent is covered by the deposit already with the agent, and offer to pay a new deposit along with the following months rent to whoever you are instructed to pay. This would remove the problem of that agent holding the deposit, although the LL may be able to sort that out to your satisfaction without you needing to resort to this)

Others may have better advice than me though...

Edited April 18, 2006 by Magpie

[Imp]

If your contract states you will pay the letting agent the rent, then carry on paying the letting agent the rent. I am sure they will be more than happy to deal with it and charge the landlord accordingly, until the landlord provides you with other written instructions. Send a letter to the landlord care of the letting agent to state this is what you will do.

[Mr Crunch]

My letting agent sent me a letter the other day saying the LL had written to him stating they no longer required his services from the beginning of next month. He also phoned me but has very little knowledge himself of what is going on.

So far the LL hasn't contacted us, we have no contact details for the LL, no bank details to send the rent to (the rent is due in the first week of every month)

Does anyone have any advice?

You don't need to do anything, its up to the landlord to contact you.

and I'll be dammed if she thinks she'll be holding the deposit.

Does anyone have any advice?

You might well be damned, it will depend entirely on whether the deposit is held by the agent as stakeholder or as agent for the landlord.

[laughing_goat]

You don't need to do anything, its up to the landlord to contact you.

You might well be damned, it will depend entirely on whether the deposit is held by the agent as stakeholder or as agent for the landlord.

Hi,

I have already told the 'present agent' that the deposit will have to be held by an ARLA approved 3rd party. He cannot get hold of the LL at the moment (obviously doesn't want the rent then?). He suggested that maybe he could be the stakeholder, but the LL would need to approve this. He did say that he wouldn't handover the deposit without my permission.

I might write a letter stating that this, what do you think?

LG

[Imp]

Always put everything down in writing. Never trust anyone's word. Assume they will happily tell you one thing and do another. Expect people to tell bare faced lies if it goes to court.

Write a letter.

[laughing_goat]

Had a look at the original contract and it says that the Agent holds the deposit as a stakeholder!

[Mr Crunch]

Had a look at the original contract and it says that the Agent holds the deposit as a stakeholder!

Then the Agent should not hand the deposit over to the landlord without your permission

[laughing_goat]

Then the Agent should not hand the deposit over to the landlord without your permission

And there is no way I am going to give permission. My LL is very untrustworthy, the agent knows this and has offered to remain a stakeholder for the deposit. Obviously, the LL will have to agree that the agent remains the stakeholder, but it is good news that the deposit can only be 'moved' with my permission.

[MrShed]

With regards the rent I would not be paying it to the LA if they are no longer managing the property....this could cause some extremely serious problems for you. I would withhold all rent until the LL gives you alternate payment instructions. Write a letter to him stating that this is what you will do.

[laughing_goat]

An update:

Finally heard from the LL, who is going to self manage the place (from 300 miles away!), we now have to pay the rent directly to the LL.

I doubt anything serious will go wrong, but if it did, I can foresee me sorting it out (not ideal), but we will give it another 6 months and see what happens.

The good news is that the deposit will stay with the stakeholder (thank god), so at least that's more likely to come back to us at the end of the tennancy.

[NB8899]

"You might well be damned, it will depend entirely on whether the deposit is held by the agent as stakeholder or as agent for the landlord."

For us novices, Mr. Crunch, could you explain what is the difference between the agent being as a stakeholder or as an agent for the LL. I know this sounds quite dumb, I'm guessing that as a stakeholder the agent might own some part of the property or s.th, yeh? So they've got more interest in its 'efficient' running. But... if the landlord is a multi-millionaire, and if the agent were working closely with him/ her over commission arrangements etc, surely none of them are going to be concerned with a peeved tenant.

I wish wish wish, that I knew more of this murky world. Is it possible, for example, for an agency to sell building insurance to a landlord, when the landlord and the agency are managed by the same director? Where would the tenant be in that scenario then, with a fundamental problem in their accomodation then/ and where would they stand with regards to their deposit. Would the agent in that case also be the 'stakeholder' or an agent?! So many agencies of course, are family-run businesses.

[Mr Crunch]

"You might well be damned, it will depend entirely on whether the deposit is held by the agent as stakeholder or as agent for the landlord."

For us novices, Mr. Crunch, could you explain what is the difference between the agent being as a stakeholder or as an agent for the LL. I know this sounds quite dumb, I'm guessing that as a stakeholder the agent might own some part of the property or s.th, yeh? So they've got more interest in its 'efficient' running. But... if the landlord is a multi-millionaire, and if the agent were working closely with him/ her over commission arrangements etc, surely none of them are going to be concerned with a peeved tenant.

No it doesnt sound dumb, landlord and tenant law is ridiculously complicated.

When the deposit is held as agent for the landlord its pretty much the same as you having pysically handed the money to the landlord and the the landlord saying to the agent look after this for me and he is holding it purely in the landlords interest.

When the deposit is held as stakeholder even though it is your money both the landlord and tenant have an equal claim on it and it should not be handed to either party without agreement between landlord and tenant.

It is nothing to do with the agent owning anything.

I hope that is a clear explanation, I welcome anyone elses thoughts (other than pms obviously).

[pms]

No it doesnt sound dumb, landlord and tenant law is ridiculously complicated.

When the deposit is held as agent for the landlord its pretty much the same as you having pysically handed the money to the landlord and the the landlord saying to the agent look after this for me and he is holding it purely in the landlords interest.

When the deposit is held as stakeholder even though it is your money both the landlord and tenant have an equal claim on it and it should not be handed to either party without agreement between landlord and tenant.

It is nothing to do with the agent owning anything.

I hope that is a clear explanation, I welcome anyone elses thoughts (other than pms obviously).

And I was going to agree with you Mr Crunch but you forgot one thing.There is no such thing as an equal claim because 9 out of 10 landlords keep the deposit anyway(prove that they don't) so I always recommend to tenants not to pay the last months rent.Obviously Mr Crunch doesn't agree but no doubt his wouldn't as his a landlord.

[Imp]

I have rented five homes through landlords and letting agents. I always clean the place before I left, and have only once had my deposit withheld (by a letting agent). So thats an 80% chance of getting your deposit back. The place where I didn't get the deposit back, the letting agent didn't notice I had put a hole in the wall, but did notice a hole in the carpet (same incident, a box emptied its heavy contents as I was moving in)

Good letting agents do exist. The best service I recieved was when a washing machine blew up one evening. By the end of the next day they had installed a new one.

Letting agents are generally average, with occasional good ones and occasional bad ones. Don't touch anybody who specialises in student lets. They seem to prey on the youth and inexperience of their tenants. Landlords can be good and bad.

Try and find an experienced landlords. If someone is a first time landlord they probably don't know their responsibilities and will try it on. If this is their first let, insist they use a letting agent.

If things go wrong, remember you can easily move out in 6 months time.

[pms]

I have rented five homes through landlords and letting agents. I always clean the place before I left, and have only once had my deposit withheld (by a letting agent). So thats an 80% chance of getting your deposit back. The place where I didn't get the deposit back, the letting agent didn't notice I had put a hole in the wall, but did notice a hole in the carpet (same incident, a box emptied its heavy contents as I was moving in)

Good letting agents do exist. The best service I recieved was when a washing machine blew up one evening. By the end of the next day they had installed a new one.

Letting agents are generally average, with occasional good ones and occasional bad ones. Don't touch anybody who specialises in student lets. They seem to prey on the youth and inexperience of their tenants. Landlords can be good and bad.

Try and find an experienced landlords. If someone is a first time landlord they probably don't know their responsibilities and will try it on. If this is their first let, insist they use a letting agent.

If things go wrong, remember you can easily move out in 6 months time.

Imp you may be one of the lucky ones.Many of the calls I receive through the week are from tenants who have trouble getting their deposits back. I welcome the deposit scheme which is soon to be implemented through the Housing Act(2004) and although this was a start to modernize housing law I beleive it hasn't gone far enough.Private Landlords get off the "hook" too easily and my own opinion is that there should be more regulation for example they should be registered with their Local Authority likewise with Lettings Agents should be registerd with Trading Standards.It seems that these two particular groups get away with murder.

[Mr Crunch]

And I was going to agree with you Mr Crunch but you forgot one thing.There is no such thing as an equal claim because 9 out of 10 landlords keep the deposit anyway(prove that they don't) so I always recommend to tenants not to pay the last months rent.Obviously Mr Crunch doesn't agree but no doubt his wouldn't as his a landlord.

Um, no I didn't forget anything if the landlord doesn't have the deposit how can he keep it?

Thankyou for validating my previous comment.

[pms]

Um, no I didn't forget anything if the landlord doesn't have the deposit how can he keep it?

Thankyou for validating my previous comment.

I haven't validated your previous comment whatsoever.Perhaps you can tell us all where your comment has been validated.

[Mr Crunch]

I haven't validated your previous comment whatsoever.Perhaps you can tell us all where your comment has been validated.

Here;

"There is no such thing as an equal claim because 9 out of 10 landlords keep the deposit anyway(prove that they don't) "

By the way who is "us" are there more than one of you?

I noticed that you were unable to answer the question.

"if the landlord doesn't have the deposit how can he keep it?"

[pms]

Here;

By the way who is "us" are there more than one of you?

I noticed that you were unable to answer the question.

"if the landlord doesn't have the deposit how can he keep it?"

1) There is only one of me.The "us" was the whole thread.

2) As you seem to know a lot about the "murkier" side of renting perhaps you could enlighten everybody on this board.

3) If you want sarcasim Im sure I could easily give you some