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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32980
Experience:  Award winning lawyer with over 15 years experience
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My estate agent took 13 months rent from the tenant �26500

Customer Question

My estate agent took 13 months rent from the tenant �26500 for one year however I only made 6 months contract. Agent has not paid me rent for last one month. I served section 21 notice and tenant has refused to move out of the property. Agent is not ready to pay the monies back. If they pay back the amount, tenant is happy to move out. Is this not fraud? Agent misguided tenant that rent for the property is �1800 per month however my contract says it is �2400. My notice to tenant is invalid as tenant has already paid 13 months rent. What can I do?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

So I am clear how many months have the tenant stayed in the property?

Customer: replied 1 year ago.
This is 7th month running, tenancy started from 2nd Feb., 2015 for six months.
Expert:  Thomas Judge replied 1 year ago.

You appear to have a couple of options - either take legal action against the tenants for them to leave the property (after serving a correct notice); and then seek the money owed to you as set out in the terms of the contract; or seek the money directly from the agents who may be in breach of their contract with you - particularly if they have been renting the property for considerably less than their agreement with you.

Happy to discuss

Please remember to rate positively

Customer: replied 1 year ago.
Is this not a fraud? Tenant wants to leave the property, she wants the monies back. I want my property back as I do not have a place to live. If I pay back tenant monies, I am not sure if I will ever recover my money as this is a small tenant. If this is a fraud then I can get police to take actions. I want to know how can I prove that this is a fraud. Agent told tenant (who was new in country) that in the UK tenants are required to pay 13 months rent in advance and hence she paid. I served notice to tenant in June to vacate by end of July. Tenant emailed me she has paid 13 months advance, she is happy to vacate once she get her money back. I want to go to police and inform about this as fraud. Can this be categorised as fraud?
Expert:  Thomas Judge replied 1 year ago.

I am not convinced that the police will consider this to be fraud - I think that they will consider this to be part of negotiations over a civil matter - it is not deception after all. I think that it needs to be made clear to the tenant that this is not something which you will agree to and then you will need to take them through the process of having them evicted. The agents will be potentially liable (check terms of your agreement with them) for any losses that you may suffer.

Please rate positively.

Expert:  Thomas Judge replied 1 year ago.

Please remember to rate positively - thanks

Customer: replied 1 year ago.
I really don't think I am satisfied with the help I have got so far. I can not rate this good as it is not worth spending £40. I thought there would be something more that a solicitor can suggest then this much.
Expert:  Thomas Judge replied 1 year ago.

what more do you want to know?