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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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We are a small firm of estate agent the landlord who we know

Customer Question

We are a small firm of estate agent the landlord who we know only as a curacao based company with a lawyer as representative and no managing agent previously instructed us the fully manage the property.
The solicitor informed us that the landlord want to terminate our business relationship but the tenant complained on some urgent and hazardous issues like damp etc and the landlord and his rep(those solicitors) ignore her.
The property is near our office so the tenant came again and again and we had no option but to help her by calling help and "de facto" manage the property.
The tenant decided to continue paying the rent to us despite us telling her to pay the solicitors as she claim that except of us no one help her and she do not trust any one else.
Can we charge the landlord for de facto being the managing agent especially as we alerted the solicitor again and again of those issues and they comfortably decided to ignore
Submitted: 3 months ago.
Category: Property Law
Expert:  Alex J. replied 3 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. This is a complicated state of affairs as you have provided services that you were not instructed to provided. Technically speaking you have provided a service for which they have received a benefit and they should pay you for that service. Do you terms and conditions contain a set off clause? Kind regards AJ

Customer: replied 3 months ago.
Kindly elaborate on the set off clause?
Customer: replied 3 months ago.
I can not see that we have the set off clause.
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. It will allow you to set off any money you owe then against any money they owe you. Are they currently demanding you forward the rent to them? Is there enough money there to cover what you are owed? Kind regards AJ

Customer: replied 3 months ago.
This is a more complicated issue so I would like to get answers and then maybe to talk on the phone
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. Unless you have the right to set off the money then you cannot just take it from the money you are holding on their behalf. Technically you should forward them the money you owe them and then sue them for services rendered. That said there is not going to be too much harm in with holding payment until you reach an agreement, if they tried to sue you, you could then just pay them. Have they made any demand for the money? Have you sent them an invoice? Kind regards AJ

Customer: replied 3 months ago.
We already took all they owe us but they claim that we should not have.
The story is as follows;
We were introduced to the property buy one of our landlord saying that it belongs to his friend residing in another country and that there are some issues with tenant and agents.That was in 2011.
We have been contacted by the then landlord's solicitors to assist them and they promised verbally to pay for our services we did assist but no payment was done.Instead they asked us to let and fully manage the property.
We been instructed on out previous company which was dissolved in 2014.It was done as some shareholders(Cypriots) wanted out of the UK market.We alerted the solicitor of the change and as off April 2014 sent invoices from the new co.
The same director was appointed to new co so no change in personnel and or sservice for the landlord.
In July 2015 the solicitor moved to another firm and send us a termination notice.We question the notice and asked it to be from the landlord them self but informed the tenant of the change .
We received later after couple of months a letter looks to be from the landlord with a signature and name we did not recognised terminating our services and in fact claiming that they never instructed new co hence they should not have paid for the service.In our terms and condition (which is a no need signing document and if you accept our tenant you deemed to agree all its terms) it is clearly state that our letting fee is 10% per annum but we will agree to include in it for this landlord also full management.Also it states that as long as our tenant reside at the property whether or not a new agreement is sign our fees our payable.
Previously we deliver all paper work including original AST,DPS prove of deposit and details and accounting.
The new solicitors asked us to again deliver all of those claiming that we never did although we can prove we did.We agreed to again colide all and send but asked for a nominal fee of £400 to cover cost which they refused by ignoring our request.
Furthermore they did not accepted that De Facto we managed the property and did not agree our call out to professionals payment as well as our fees.At no time the solicitor gave a section 21 to vacate the property to the tenant which still remain in occupation currently (still paying her rent on time to us which after a charge as we told the solicitor of a nominal fee of £100 we transferred all to the solicitors)
The solicitors put a small claim case with no amount and now put an application to the Central London County court to force us to give the papers again and to pay all moneis without a deduction.
We feel that the solicitor is using the application in order to be able to claim costs which can usually not available at the small claim.This is although the maximum scope of the matter falls well in the jurisdiction of the small claim court
Can you advise?
Thanks
Customer: replied 3 months ago.
When can I receive an answer?
Expert:  Alex J. replied 3 months ago.

Hi, Thank you. My apologies I have only just received. Can you confirm what claim has he actually made and the CL County Court, if the claim does not actually contain a figure? Are you defending the proceedings?

Customer: replied 3 months ago.
It is a money claim at the Central London County Court and also they lodged an application to the court to be heard on the 16th of September.On this application they ask the court to:Order us to deliver all papers to them and also to pay all monies to them i.e. without the deduction of our fees and costs.
We are defending the case as litigant in person
Customer: replied 3 months ago.
It is a no amount claim
Expert:  Alex J. replied 3 months ago.

Hi thank you. Just to confirm do they not actually know how much money you are holding on behalf of the landlord? Have they provided proof that they are authorised to be acting on behalf of the Landlord?

Customer: replied 3 months ago.
No money is held by us except the disputed fee and costs.
There main claim is the new co was not instructed hence couldn't deal with the property the are trying to force a summary judgment at the application hearing although they know that the disputed amount falls within the small claim jurisdictions.
Customer: replied 3 months ago.
Kindly answer me as need answers at the earliest
Thanks
Customer: replied 3 months ago.
I can not continue while you answer me once a day short will ask for some one else
Expert:  Alex J. replied 3 months ago.

Hi, My apologies - I am currently have some connection issues - I will opt out for some one else. Kind regards AJ

Expert:  Nicola-mod replied 3 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 months ago.
Please do in fact I am upset as this solicitor answer only once a day and previously disappeared for 4 days.
Need an answer and if you can find even a barister to answer I will appriciate it.
Thanks
Customer: replied 3 months ago.
Kindly reply to my message
Thanks
Expert:  Nicola-mod replied 3 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 3 months ago.
As I was charged today a monthly membership and as the last solicitor was useless I expect to receive an answer soon .This matter is urgent
Thank
Expert:  Nicola-mod replied 3 months ago.
Hello,
I can cancel the monthly membership and refund the charge if you do not want it.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 months ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola

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