Letting Agent not forwarding my rent or answering my calls

[iwanttoretire]

Hi guys
Six months ago I signed up to a well known letting agent
And asked them to manage my property, Big mistake
To cut a long story short, they have not paid me my rental money for November
I have phoned the office up many times asking when the rent
will be paid in to my bank account, and I just get excuses
about the accountant being off sick, or on holiday or on his lunch
And now the excuse is he works from home
I've asked them to look into the missing rent and to phone me with updates
Which they never do, last Monday I asked for the accountants phone number
So I could talk to him in person,of course I go straight to answer phone
I leave him messages but he wont return my calls
(The accountant owns the letting agents)
I really would like some advice on how to proceed, and what my options are
Please help if you can
Regards

[Snorkerz]

Is your tenant the leting agency or an individual?

If an individual, do you know that your tenant has paid the agency?

[theartfullodger]

Have you written (yes WRITTEN!! keep copy) to the agent?? If not do so I suggest.

There is nothing to stop you writing to tenant and advising him to pay you direct: Copy agent after payments start.

[iwanttoretire]

Hi Snorkerz
The letting agent manages my property
They found the tenent and did all the checks
And they collect the rent
The rent has been paid by the tenent to the agent
But the agent has not paim me
Can I name the letting agent ?

[iwanttoretire]

Hi theartfullodger
No I have not written yet, can you advise if there is a template for such a letter
As I'm not to good with writing official sounding letters

[Snorkerz]

Don't name the agent. Is it a limited company?

What does the agency agreement (not tenancy agreement) say about how they will pay you?

Sounding 'official' isn't the point. All you have to do is tell them what you want, by when, why and what will happen if they don't.

Something like

Dear Mr Agent.

RE: 123 High St

I am writing to request payment of rent from 1st December to 31st December 2012 as I am informed by the tenant, Mrs Smith, that this was paid to yourselves on 30th November 2012. If you do not make payment within 14 days I shall have to consider withdrawing my custom & taking legal action.

[iwanttoretire]

Hi Snorkerz
Yes the letting agent is a limited company

The agency say this about how they will pay me
"We arrange for the tenant to sign a standing order or direct debit mandate for rent and account to you for all rent received, less outgoings, fees and commission accompanied by a statement, normally within 7 days of rent being cleared into our account."

I should also add they never send me a statement
Thank for your advice snorkerz

[isabella]

Hi. We have been in this position too, my sympathies.
In my view, you need to act quickly in order to ensure that you are paid future rents.
The best way is probably to see your tenants, explain what's going on and give them your bank details.
Alternatively, you could find another letting agent to take over the management of the property. Only do this if you can find an agent you have confidence in and who will act speedily to safeguard your rent. I wouldn't risk it.

If the agent has let you down with regard to the rent, you may need to consider other vital matters, such as, have they protected the tenants deposit and ensured gas safety certificates are done annually.

You may also like to think about contacting Trading Standards because you might not be the only landlord affected.

Good luck.

[iwanttoretire]

Thank you for your advice Isabella, I'm drafting a letter as I type this
And I'll keep you all informed