Letting agent and the law.

[sammysam104]

I have rented my house out via a letting agent for a 6 months shorthold tenancy. The tenants have been served their notice 2 months prior to it expiring thus giving them plenty of time to find somewhere else.
The tenants are refusing to move out and have now stopped paying the rent and say they wont pay anymore and we have to get them legally evicted. The husband is being very abusive (police aware and have arrested him) to both myself and the letting agent. The letting agents (2 females) are scared of him and dont seem to be doing alot to help us. I have been chasing the tenant for the money and have now reported him to the housing benefit as he is claiming, surely the letting agent should be doing this. The agent has misplaced the tenants reference too, I asked for copies but it couldnt be found. So I am going to be effected by non payment of rent and legal costs to evict this awful tenant in my house. Could you please tell me does the agent have a legal obligation to sort out the non payment and eviction and if the reference is bogus or non existent can we sue the agent?

[johnboy]

Depends what it says in the T & Cs you signed with the agent and what is say they do for thier fee.

[sammysam104]

We pay for fully managed.

[johnboy]

Yes but what does it yes in the t&c's about what they do for the fee. All agents are differant.

[J4L]

I have rented my house out via a letting agent for a 6 months shorthold tenancy. The tenants have been served their notice 2 months prior to it expiring thus giving them plenty of time to find somewhere else.
The tenants are refusing to move out and have now stopped paying the rent and say they wont pay anymore and we have to get them legally evicted. The husband is being very abusive (police aware and have arrested him) to both myself and the letting agent. The letting agents (2 females) are scared of him and dont seem to be doing alot to help us. I have been chasing the tenant for the money and have now reported him to the housing benefit as he is claiming, surely the letting agent should be doing this. The agent has misplaced the tenants reference too, I asked for copies but it couldnt be found. So I am going to be effected by non payment of rent and legal costs to evict this awful tenant in my house. Could you please tell me does the agent have a legal obligation to sort out the non payment and eviction and if the reference is bogus or non existent can we sue the agent?

The agents aren't probably doing what they should be by the sound of it. Of course chasing non payment of rent does come under their remit and yes they should be doing this. There is the issue of this guys abusive behaviour and you nor the agent should be putting yourselves in the firing line, it's too dangerous.
Unfortunately it sounds as though the tenant is going to withhold the rent until you evict and yes Housing Benefit should be informed at the earliest time. Unfortunately until this tenant is 8 weeks in arrears you can't request that it be paid to you directly, but do this as soon as they are.
I wouldn't be too worried about the 'misplaced' reference, this is not going to benefit you in any way whatsoever so no need to pursue this, unless you're arguing that they haven't done their job effectively but to be fair this won't assist you in getting rid of this tenant any quicker and may even cause a rift between you both now.

Sit down with the agent and work out a plan.

Is there really a need to visit the property? If you DO need to visit for any reason call the police and ask for an escort. I'm sure they will be happy to do this given his history.

You may find that once he goes 8 weeks in arrears and realises you've intercepted the payments that he'll go anyway.

You may need to use the Accelerated procedure route after his notice expires so discuss this with your agent or alternatively think of issuing a section 8 notice now to speed this process up a little.

Whatever happens don't let the misplaced reference detract from what it is your trying to achieve here and use the agent's knowledge and service whilst they are still being paid. Any other issues should be put on the back burner until you have your property back.