Stupid Lazy Auctioneer

Dammer

Ok, bit of a rant. But would also like to know any potential legal problems.

Signed a lease on a 2 bed Apt last November. The apt was let out through an Auctioneer / estate agent / idiot.

So he calls me saying there is a problem with the Landlord not receiving the Rent! I have not been getting a rent book signed or the Landlords PPS number, even though I have asked for it on several occasions. But it was through a Standing order every Month.

I checked my account and told him that the rent was debited correctly ever since. They said it might of been a problem by the fact that me and my mate were doing a standing order each??? (50% of the rent each)

So they call me later, and inform me that the account details that they placed on the lease were incorrect. The rent was going to a different Landlords account!

I cancelled my Standing Order and I am in the middle of using the correct details.

Seeing as I broke no lease agreement and it was their fault over the error, is there are legal comeback on me and my flatmate...

My flatmate suggested once we get the money returned to our account, feck him and leave the place without paying the last 7 months rent. The auctioneer drew up a standard Lease with the Bank details on it. We honoured it, they fecked up. Are they liable to pay the Lost Rent to the Landlord?

Thoughts, suggestions, any other sneaky ideas

antoinolachtnai

Why would you not want to help out your landlord by paying him the money he is owed without a whole lot of muppetry by you?

There is a strong possibility that you won't be able to recover the money you remitted, in which case the landlord really is in deep trouble.

Dammer

I have no problem with the Landlord... the Auctioneer has been useless.

The Auctioneer has supplied the incorrect Bank details
We paid the rent as per the lease

If the Banks cannot recover the money, then surely he can reclaim the rent lost from the Auctionner as he submitted the wrong details to us.

The Auctioneer said they will try to recover the money from the wrong account. But it will go back to MY account first.

If we do recover the money and Leave, what will happen?

Silverfish

Dammer wrote:

I have no problem with the Landlord... the Auctioneer has been useless.

The Auctioneer has supplied the incorrect Bank details
We paid the rent as per the lease

If the Banks cannot recover the money, then surely he can reclaim the rent lost from the Auctionner as he submitted the wrong details to us.

The Auctioneer said they will try to recover the money from the wrong account. But it will go back to MY account first.

If we do recover the money and Leave, what will happen?

Well, it's theft, as you have been living at the premises and are now not paying rent there.

If the money can't be recovered, then the auctioneer pays it, as long as you have proof that 1) they gave you the wrong account details and 2) the correct amount was paid out from your account every month, then you are not liable for anything.

But once you do not hand over the landlord's money when it comes back via your account, then what you are doing is illegal.

antoinolachtnai

I'd say the auctioneer will pursue you through the prtb.

I would use this opportunity to get a direct relationship going with the landlord.

antoin.

Dammer

Prehalps non-payment of services... Yes...

But I held up my end of the Legal agreement that I signed.

It's just that the Auctioneer has been brutal and after this I'm sure my Landlord never use them again.

If my Bank charges me for any of the transactions as a result of this I will be looking for reimbursement.

Just as well I will be moving into my own place at the end of the lease

Thanks, I'll see how it goes...

Zulu

Well it's dishonest - why make the landlord suffer.
I guess it defines what type of person you are, what type of person are you?

Dammer

I am the kind of person who signs a Legal agreement. And follows it to the letter.

To call me dishonest for something I may or may not do in the future is quite ridiculous. Or do you subscribe to the ideas portrayed in the Movie "MINORITY REPORT"

Judge a man by what he does. Not what he says.

patrickolee

Your intent is clear...

Dammer wrote:

Thoughts, suggestions, any other sneaky ideas

Zulu

Dammer wrote:

I am the kind of person who signs a Legal agreement. And follows it to the letter.

To call me dishonest for something I may or may not do in the future is quite ridiculous. Or do you subscribe to the ideas portrayed in the Movie "MINORITY REPORT"

Judge a man by what he does. Not what he says.

Thats ajoke. You wish to swindle the money. It's dishonest, ad thats how I'd view it. Personally I wouldn't do it, but I try not to be dishonest - thre enough people like that already. you make your own decisions

Jo King

When and if the money is returned to your bank account you will be considered in law to hold it in trust for the landlord.
The law does not allow anybody to use the strict letter of an agreement to frustrate the actual intent of it.
You are on notice of the Auctioneer's mistake and will have no defence to a legal action for the recovery of the money if it is returned to you. You could be made to pay the costs of any legal action on top of having to give back the money.
That is outside of any criminal charge which might be preferred under the Theft and Fraud Offences Act.