How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

I am the landlord my letting agent has been missing some monthly

Resolved Question:

I am the landlord my letting agent has been missing some monthly rent payments, I have checked with my bank. I have asked the question but he has said the tenants owe him some backdated rent. I found out its a lie. What should I do?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
What are you hoping to achieve?
Customer: replied 2 years ago.

I want him to pay the arrears and vacate the premises

Expert:  Remus2004 replied 2 years ago.
What type of contract is this?
Customer: replied 2 years ago.

Periodic short hold Tenancy and takes 10% commission every month

Expert:  Remus2004 replied 2 years ago.
How do you know it is periodic please?
Customer: replied 2 years ago.

I have a copy that the agent has given in writing to the tenants saying that the agreement will continue as a periodic short hold tenancy

Expert:  Remus2004 replied 2 years ago.
Ok. If you are in a periodic for certain then all you have to do to end the agreement is serve a S21 notice giving them no less than two months notice. You can also serve a S8 notice citing grounds 8, 10 and 11. If they do not go then the S21 notice can be relied upon to seek possession of the property and the S8 notice can be relied upon to recover the arrears. Can I clarify anything for you? Jo
Customer: replied 2 years ago.

Yes please I do I serve these notices i.e Hoe to get hold of this paper work. Do I have to go through ombudsman's or some housing association to report him

Expert:  Remus2004 replied 2 years ago.
You can get S 8 and S21 notices from W.H. Smiths. I don't think you can buy them online anymore.
Expert:  Remus2004 replied 2 years ago.
Yes, you can https://www.tenancyagreementservice.co.uk/section-21-notice-to-quit
Customer: replied 2 years ago.

These Notices S8 & S21 am I to issue these to the Letting Agent or the Tenants

Expert:  Remus2004 replied 2 years ago.
To be tenants.
Customer: replied 2 years ago.

the tenants have already paid the money to the agent, but the agent has not forwarded it to me, he has skipped a month whenever he could and blamed it on the tenants

Expert:  Remus2004 replied 2 years ago.
If you have evidence of that then your only option is to rely on S21 to evict the tenants and sue the agents for the money at the small claims court.
Customer: replied 2 years ago.

would I need a solicitor for this

Expert:  Remus2004 replied 2 years ago.
No, it isn't complicated. The small claims court actually discourages the use of a solicitor.
Customer: replied 2 years ago.

The Periodic short hold tenancy agreement started on 9th February,2014 from what date should I issue the section 21 Notice

Expert:  Remus2004 replied 2 years ago.
The 8 th December. Notice would begin to run from the 9th October if served now and expire in two months.
Customer: replied 2 years ago.

Thank you,

you have been a great help if you had an office I would have asked you to sort all this for me.

Thank you

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Remus2004 and other Property Law Specialists are ready to help you