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kellywindy1
18-08-2010, 19:21 PM
Long story im afraid; I have rented a property from letting agents since june 2008,just a six month contract followed on by a year contract. At the end of my year the property was taken over by a new letting agent.
This is when my problems began after asking them for a new contract to sign for another year they never sent one and each time I rang them they claimed not to have any record of me previously ringing, I also asked for a new direct debit mandate to be sent to me which still never got sent. The first months rent I paid by my card so not to get in arrears and they promised to send me a mandate AGAIN! 2 weeks later and still no mandate but a pipe had begun to leak, I rang up 3x that week to report it, and was told an engineer would call me back after which I had no choice but pay to get it fixed myself as it was causing water damage.
After ringing them several times over 3 months they still hadn't taken any rent from me at which point i decided to stop ringing them and wait to hear from them, 8 months later I get a phone call issuing me with a section 21 and giving me notice to move out by oct 1 2010.
I explained to the lady what had happened and she blamed it entirely on myself and demanded the rent arrears in full. I haven't got the money they have asked for but agreed to vacate the property and pay a lump some towards the arrears and agree to a monthly payment plan which she refused and told me they would now chase my guarantor for the arrears.
I am just curious on where i stand legally, I never signed a new contract because they never sent one to me or a mandate can they legally chase me for the money and if i have asked to pay towards the arrears and pay it in full can the go straight to the guarantor? It seems awfully unfair as i have always paid my rent until they took over and they never came to fix the burst pipe? any suggestions would be so greatly appreciated.

mind the gap
18-08-2010, 20:28 PM
Although your LL's letting agent has been undeniably sloppy here, you have unfortunately been responsible for much of what has happened and I can understand why your LL wants you to leave.

The fact that the agent did not supply you with a renewal contract does not change the fact that your tenancy continued (as a statutory periodic one) even after your fixed term ended. So you were still liable for rent and although it would have been preferable to have the standing order mandate, there was nothing to stop you asking for their bank details so you could pay in cash, by cheque or electronically each month. You could even have contacted your LL and told her the agent was being useless about the rent payments. As a last resort, you could have put the rent money safely in a separate account ready for when it was demanded (you must have realised it would be, surely?). In short, you had no reason not to pay the rent, yet you failed to do so for 8 months.

You could try to claim the cost of the plumbing repair back from the rent you owe as long as you have the invoice/receipt, and can prove it was a genuine emergency to which the LA did not respond.

If your LL has refused your suggested payment plan, all you can do is warn your guarantor to expect trouble and offer to pay your G the money (in instalments), instead, if he/she can settle the account now. Or let it go to court, but your G will be made to pay if he/she has the means. Then move out as requested when the s21 expires and next time you rent anywhere, please pay the rent!

Poppy35
18-08-2010, 20:30 PM
I totally agree with MTG. You are responsible for paying the rent and cannot blame it on the agent.

thesaint
19-08-2010, 13:49 PM
Pay the lump some now, and this might persuade them that it isnt just another stalling tactic that they hear daily.

mind the gap
19-08-2010, 14:20 PM
Pay the lump some now, and this might persuade them that it isnt just another stalling tactic that they hear daily.

The lump some?!

The LL does not seem very interested in a sum other than the full amount, which is why I suggested that her guarantor is her only hope of staving off a ccj.

Snorkerz
19-08-2010, 20:33 PM
KellyWindy1 didn't like your suggestions guys & gals :(

mk1fan
19-08-2010, 23:10 PM
Why have you [the OP] not got the whole rent? Did it not occur to you to put the rent into a 'holding' account so that when the Agent got their act together - or the LL realised the Agent was an idiot - and came for the arrears you'd have it?

Or did you think that you'd just live there for free?

The Agent's poor performance / bad work does not entitle you [the OP] to behave badly.

mind the gap
20-08-2010, 07:42 AM
KellyWindy1 didn't like your suggestions guys & gals :(

Let's hope she doesn't set KellyWindy2 on us, then!

jeffrey
20-08-2010, 09:16 AM
KellyWindy1 didn't like your suggestions
Really? How do you know, given that OP has not responded?

Snorkerz
20-08-2010, 21:15 PM
Really? How do you know, given that OP has not responded?A combination of my own telepathy and WindyKelly1s posting apathy.