Cheating Managing Agent

[LondonLandlord]

Hi All,
I am new to this, but wonder if anyone can help.

I purchased a 2 bed flat and got a Lettings agency to let my property out on an AST. This was a fully managed agreement with the Agency. They got a tenant and furnished me with an incomplete AST agreement. The tenant moved in on 30th October 2008, and I did not receive any monies from the Letting agent until mid December 2008. This was after numerous calls, emails and a visit to their offices. This put the rent just up to date, but now they are in arrears, despite the Tenant paying them. I do not understand why they are doing this. I de-instructed the Agency and informed them I want my keys back. After not hearing from the Lettings Agency,I decided to make a visit to my property. Upon knocking in the door a man appeared and was not the man whose name was on the AST agreement. I asked him who he was and he explained he had rent the property from an agency. This was not the Agency I had the agreement with and I had never heard of this new Agency. I explained to the tenant that I was the Landlord of the property and what had happened to me. He was sympathetic and explained he had given this agency cash for a deposit and rent in advance. He had no paperwork for the cash he handed over nor an AST agreement.
What should I do? The letting agents are not taking my calls and I have a person living in my flat that I do not know, nor do I know the Agency he has taken my property from.
How do I get the person that is unlawfully staying in my flat out? I have no agreement with and I have not received any rent from him.

Please help.
Many Thanks
London Landlord

[jta]

Whatever else you do, if you want this man out of the property do not accept any cash from him. If you do you will be creating a tenancy. It sounds as if he may be a squatter, so take action immediately. Do you know who he 'paid' his money to? The name of the Agency? Have you still got a set of working keys for the property?

[LondonLandlord]

Hi Jta,
Many thanks.

He has told he who he has paid, and I do have a set of working keys.

When you say I must act, do I call the Police? The name of the agency given is different to the one I have a signed Management Agreement. This has been told to my Partner and myself verbally by the person in our flat.

Regards
LondonLandlord

[jta]

It's a little early for the legal eagles, but when they come on a bit later I'm sure they will explain the right way to do everything, meanwhile, make sure that you have not inadvertently allowed this agent to allow this person to stay in your property, have all the paperwork that you have to hand in order to answer any questions put to you. It may or may not be a police matter, I'm not sure, but if you do not want this person in your property do not accept money from him or make any statements that could be misconstrued. Whatever you do, do it today, because simply delaying action could be seen as allowing the squatter to gain tenancy rights.
Good luck with it.

Just another thought, how, and from whom, did he get keys to the property?

[LondonLandlord]

Many thanks Jta, I shall keep you posted.

[Sorrel]

You need to get contact details for all the parties involved including your new (unwanted) tenant and the agents. Make sure you have as much information as possible with you and go and visit these people, make appointments and try and work out how you got into this position and how they intend to rectify it.

As JTA says you need to find out off the tenant how he obtained the keys. He is your best source of information because from what you have posted the tenant seems to think everything is above board and should, hopefully, want to make sure everything stays above board.

It may be that the original agents tenant fell through and they sub-let or contracted out the letting of the property to a different agent in order to save face. Hence why the rent may be slow.

[LondonLandlord]

Many thanks Sorrel.

Today has been eventful.
The tenant has informed me he paid "Agent B" (for ease of convenience) cash, and Agent B was supposed to give him an AST for 6 months. This has not materialized, nor has he got a receipt for the cash given. It has also come to light that the original agent "Agent A" and Agent B are related, and share their portfolio of properties, not very professional as they did not inform their client (ME) of the new tenancy.
I have informed the tenant as long as he can get me references, and wishes to remain in the flat, he must sign a new tenancy agreement with me directly and have no involvement with Agent B as they are not privy to my Management agreement. Secondly my Management Agreement with Agent A is void as they have not carried out their duties as stipulated in our Agreement. I shall be chasing Agent A for my dues and also be reporting the two Agents to the Office of Fair Trading for fraudulent activities, not only with me, but a number of other innocent tenants.
Many thanks once again.
Regards
Londonlandlord

[jta]

I'm very glad the tenant is so forthcoming with you, I think that you do need some more advice, hopefully from the members on this forum that seem to have missed you today. Hopefully they will read this now and give you their thoughts.