Letting Agent didn't take month rent or deposit

waster81

Hi a friend let out her house through letting agent.

Letting agent gave tenant the keys, but they never asked them for first month rent or deposit!!

They have their bank details for their monthly standing order.

What position does that leave her in.

1. Is it the letting agent responsibility
2. Will the letting agent have to hand the money over to her
3. Will the tenants have to pay the 1st month and deposit or is that now lost, since the keys were handed over

Ste.phen

It really depends on what agreement your friend had with the agent.
I imagine the tenants will have to pay 1st month + deposit to your friend when they sign their lease if they haven't already

waster81

They already have signed the lease and so has she.

silja

What does it say in the lease regarding deposit and first month's rent?
What does it say in the contract your friend has with the letting agency regarding this?

For example, when I used a letting agent (as much as they were useless in many regards and ended up disapearing on me...), it specifically stated in our contract that they were responsible for collecting first months rent and deposit, and arranging a direct deposit with tenant for future rent. It also stated that they would take out their management fee from the deposit/ 1st month's rent, and forward any excess on to me. So in my case, I wouldn't have lost much money and what I lost, could have gotten back via small claims court if necessary.

All that being said, did agency give a reason for non-collection? It is such a basic thing, I'd be weary of them forgetting to do other things too, and generally not being very professional.

Treehouse72

As a renter I have yet to come across a letting agent I would give my business to. That's probably 4 or 5. Degrees of incompetence is all that differentiates them.

waster81

silja wrote: »

What does it say in the lease regarding deposit and first month's rent?
What does it say in the contract your friend has with the letting agency regarding this?

For example, when I used a letting agent (as much as they were useless in many regards and ended up disapearing on me...), it specifically stated in our contract that they were responsible for collecting first months rent and deposit, and arranging a direct deposit with tenant for future rent. It also stated that they would take out their management fee from the deposit/ 1st month's rent, and forward any excess on to me. So in my case, I wouldn't have lost much money and what I lost, could have gotten back via small claims court if necessary.

All that being said, did agency give a reason for non-collection? It is such a basic thing, I'd be weary of them forgetting to do other things too, and generally not being very professional.

Not sure whats in the contract, she just presumed when the keys were handed over that the deposit and rent was collected.

When you say get rest in small court is that off the letting agent or would you take it against the tenant.

silja

waster81 wrote: »

When you say get rest in small court is that off the letting agent or would you take it against the tenant.

Depends on what it says in the contract and lease. Ie does lease specify that deposit is to be paid, and paid before moving in? Does it specify when rent is to be paid? (ie "by 5th of the month or else late charges apply" etc).

Personally, I think the agent is at fault, but it does depend on what is written down. I would say first action should be a stern word with the agent, and get them to do their job and collect deposit and rent. If they are not willing, then talk with tenant directly. They may have the money ready and wondering why it wasn't collected!

waster81

Just seems to be absolutely farsical that they handed over the keys.

Ill ask her what exactly in the lease, like its something you never would expec to have to worry about.

The_Conductor

Sigh......

Has your friend got a copy of the lease that she gave the tenant? She needs to read it carefully. If it does not specify a deposit and that rent is paid in advance (which is possible, but would be most surprising)- then she is up the creek.

The letting agent needs to be dumped at the first convenient moment.......

3DataModem

Ring tenant.

Ask for deposit and rent.

I fail to see problem here?