Letting agent has not passed on rent to me
Letting Agents

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6 Posts
1 month ago

I had a letting agent manage my property on a full management service. The letting agent stopped paying rent in to my account around 12 months ago. Due to my own stupidness, I didn't check my accounts and assumed the agent was paying my rent. As soon as I discovered this I got in contact with the tenant and no further payments were made to this agent. Effectively, I am owed close to £4,000 in rent.

Having fully looked in to the matter the following has occurred:

-  The agent hasn't been providing a full management service. In fact he hasn't been providing any sort of service. No regular inspections have been carried out, and all the agent has done is steal my money!

-  The letting agent business has seemingly gone bust. They had an office in a high street which closed around 5 months ago, and the company website no longer operates. The agent's firm is not listed on Companies House and despite looking extensively I do not know if the business is sole trader or a limited company.

-  The tenant had an arrangement with the agent to go in to the office to pay the rent. This stopped around the time the office shut. After this, the agent  (and on two occasions his wife) then started to collect the rent from the doorstep of the tenant.

-  After endless attempts (several months) to contact the agent, the agent finally contacted me when I threatened to go to the police, stating he will pay me all monies owed. The agent claimed he had been seriously illness which left him with brain injuries. I believe he is telling the truth on this having looked at his Facebook page - however he was well enough to maintain contact with my tenant to arrange doorstep collections with his wife!!! Unfortunately, all contact has again stopped and I do not think this agent is going to engage with me.

I am thinking of carrying out the following actions:

1)  Make a complaint to the police force in the area where the agent lives and make a formal police complaint of theft against both the agent and his wife. 

2)  To take out a claim against the agent/wife in the small claims court to recoup the money owed ( I know where the agent/wife live so should in theory be able to proceed with a claim)

3)  Make a claim against the company as a creditor if appropriate.

4)  Report the agent to Rent Smart Wales (where property is located) who regulate landlords/agents.

I would like advice from an expert on the best way to proceed. I want to avoid using solicitors as this will be relatively expensive but will consider this is that is the advice provided.

I hope you understand the nature of my query and if you have further questions please contact me.

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