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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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. We won the court judgement regarding the non paying tenants,

Customer Question

Hi. We won the court judgement regarding the non paying tenants, that they
settle the amount of... £9000.00 approx inc fees etc. The tenant has agreed to pay
£250.00 per month to be reviewed at a later date.
This is paid directly to our new agent who deducts 10% ( The same % for full a management fee that we paid them.) They no longer manage the property.
My questions..(1) Is this % correct or can I have the payment transferred
into my own account...Or...
(We are also concerned over the inadequate tenants references that we have just
discovered are false and misleading.We were never given the opportunity to agree them.If this was the case we would of never agreed to them as tenants. )
Because of the agents incompetence landing us with these undesirable tenants....
(2) Can new agents be held responsible to pay us the balance and retrieve
the monthly payments themselves. Surely they would have liability insurance.
Our first agents who managed the undesirables. sold out to the existing
agents who have took on their responsibilities...
(3) Sorry...How do I stand with the new agents.
Kind Regards *****
PS Its late and I don't mind waiting for a reply until tomorrow. Many thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello David my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what the contract says with the agent about arrears and when collected ?
JACUSTOMER-6t6j6j87- :

Hi Alex, We have only a information and terms of business form. I have requested to see a contract but they only

Alex Watts :

Ok, if the agents have not done what they said they would do potentially the agents have breached their contract

Alex Watts :

Also if the agreement does not say the agents have an entitlement to collect arrears then you can have it paid direct

Alex Watts :

The agents are only liable for a fee if the terms and conditions say they are, or you ageee

Alex Watts :

* agree *

Alex Watts :

In any event they may be in breach of contract if the references were not adequate.

Alex Watts :

So you can change and do not have to pay their 10A%

Alex Watts :

10%

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-6t6j6j87- :

How can the agent collect rent if the tenants does not pay? ...so not collecting the rent they are in breach of the contract .i now understand that point. Can you answer my other questions please.

Alex Watts :

Yes wat]]

Alex Watts :

Yes, what else is it you would like to know?

JACUSTOMER-6t6j6j87- :

The new agents that took on the liabilities? inc the false references.

Alex Watts :

The new agent wont necessarily be held liable - because it was not the new agent that carried out.

Alex Watts :

So it would only be the old agent who would be liable, not the new one

Alex Watts :

You can't be liable for something you did not do or had no control over

Alex Watts :

Does that help?

JACUSTOMER-6t6j6j87- :

Not really.....we now have to find the old agents that sold.

Alex Watts :

Yes I am sorry that you will have to.

Alex Watts :

Imagine if it were you - it would not be fair if you were found liable for something you did not do or had no control over.

Alex Watts :

Do the other agents still exist?

Alex Watts :

You could sue the new agents if you wished - give it a try. Hopefully the new agent would counter sue the old agent

Alex Watts :

That is a convoluted way of doing it, but still could work

JACUSTOMER-6t6j6j87- :

Thank you for your help. Things are clear now. kind regards ***** *****

Alex Watts :

Happy to help David. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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