The tenant is girls from Rossia from a very good backround. She already knows that the estate agent has not given me a penny a month and a half ago, as I have asked her to send me a proof of giving the money to the agent. What do I do with her??
HiThank you for your question and welcome to Just Answer. I will try to help with this.So the tenant is paying the agent but he is not paying you?
And you want to evict her?
No. The girl is lovely and for all I know is Rossian and has trusted this estate agent to find a flat fopr herslef. What can I do to keep her and also get my money. Is the agent after all entitled to commission?
Is there any reason you don't just want to sue him?
You got it wrong. I want to sue him obviously. I want my money.What do I do with the girl? What Do I tell her?? Pay for my rent as she has already paid the estate agent?
Is there any reason you need to do anything with her? She has paid. You need to sue him for the money.I'm not sure what you are trying to achieve?
Who guarantees that I will get my money back if I sue him?? or it might take 2 years for the case to be resolved. Its better for me to risk a months rent rather than 6 months rent.I have a mortgage which I need to pay every month.
I'm sorry if I'm missing the point but I'm not sure I undestand?I see what your complaint is completely. But what are you hoping to achieve here?
I want to keep the tenant but getting paid for my flat every month as I have a mortgage.
I'll pass this onto somebody who can help for you.By passing an agent isn't really my area.
Thanks for your question. Please RATE my answer when you are satisfied by clicking on 3 STARS *** or ABOVE.My colleague has asked me to look at this for you. Could I confirm a few points with you:
Thank you for helping me out.1. The tenancy started 25th May 20122. No i said to him I will manage my flat on my own. The tenant has prepaid him 6 months in advance (without me asking so) plus 6 months deposit. 3. The agent has given me no money todate.4. Many times and he keeps sending emails that either is the lettings procedures that needs to be professionally done and it takes long time. Next time he writes that I will have the funds by 12th of June. Then he says he has deposited it last Wednesday and only today he said that the Bank has returned the money. He keeps asking me of my bank details 4 times.
I am sorry on answer No2 I mean 6 weeks deposit
Thanks. This sounds as if the agent is delaying payment on purpose and is possibly a worrying sign as this can be an indicator of an agent in financial difficulties. If the tenant has paid him and the agent goes bankrupt you will potentially be left out of pocket and with a tenant that you must legally honour nevertheless. Accordingly I would suggest you consider giving the agent a short leash at this stage. Consider writing to him advising him that he has 3 working days to transfer funds to your account failing which you will issue a statutory demand and/or issue proceedings against him to recover the funds. A statutory demand can be an effective way in recovering money as it costs nothing and is the first step to bankruptcy. It can scare a debtor into paying what is owed for the fear that he may be made bankrupt if he does not. You do not have to go on to issue bankruptcy proceedings though you can if you wish. This is the form you need:http://www.bis.gov.uk/assets/insolvency/docs/forms/ew/form6-01.docThe alternative or in addition is to issue proceedings in the county court to recover the money. This will take several months if he defends so you may wish to consider the above statutory demand route as well or instead initially at least. To issue proceedings against the agent you can use www.moneyclaim.gov.uk. Ask the tenant for evidence she has paid the agent as you will need this to pursue the agent in court. If she cannot provide it consider suing her too because if you find she has not paid it then the agent will not be liable. Is there anything else I can help you with or clarify above? If you have no further questions for now I should be very grateful if you would kindly remember to RATE my answer with 3 STARS *** or above as appropriate. Your feedback is important to me. If you intend to click less than 3 STARS please reply back to me so I can help with any further questions of clarifications first. Kind regards
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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