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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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not received rent from property

Customer Question

not received rent from property
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

hi, i have a property on rent and receive rent by agent for 1050 every month.

At the `beginning of contract the agent gave me 1000 deposit.

The tenant has sublet the property without my permission with in a month of the 12 month contract.

The property was was given to a polish family. Since April I have seen and know that a romanian couple are living there.

After conducting investigation, the Romanian couple said to me that the polish family have given property to us to rent, and the romanians pay the polish family rent, the polish family then pays the agent, and finally agent pays me.

I have reported this to the agent last year and said this is wrong and he will have a word because it is wrong.

I am convinced that the romanian family are living there and issued a new tenancy agreement last week starting in march next month.

The polish family now want to move back in and told me that can you remove the people who are in the property as it is their name on contract. I told them that is between you two.

Situation now is I have not received rent for this month, i feel the deposit should not be given back.

Please help

Expert:  Jo C. replied 4 years ago.
What type of contract is this please?
Customer: replied 4 years ago.

it is a contract that was issued on 25 march 2013 by the agent for 1 year

Expert:  Jo C. replied 4 years ago.

What loss have you suffered by reason of the subletting please?
Customer: replied 4 years ago.

the agent and original tenant told me that i will be getting my rent from february to march which is the last payment in contract

Customer: replied 4 years ago.

sorry i meant the agent and original tenant told I WILL NOT BE GETTING MY RENT for february - March 2014

Expert:  Jo C. replied 4 years ago.
For what reason?
Customer: replied 4 years ago.

i do not know, i asked the current tenant the romanians to give me the rent direct, but they told me they will not be paying the polish family because they was given 1000 deposit, so they told the polish family the deposit will cover the rent.

Also agent told me that contract finishes in may this year, i told him it does not, but he told me he has done something wrong and issued another contract in may last year without my permission.


Customer: replied 4 years ago.

the key question is the polish family entitled to their 1000 deposit back as they were in breach of contract? If not, then what about month rent that is now due?

Expert:  Jo C. replied 4 years ago.
Thank you.

You do have a claim both against the Polish family and the agents.

You have a claim against the agents in negligence effectively for the sum of your actual loss which would be rent arrears.

You also have a claim against the Polish family although that is harder to enforce. Of course, they should not be subletting and you have a claim for their profits gained by subletting. It is hard to prove what profit they have made but nevertheless you do have a claim.

If this is an unlawful sublets then the Romanian family are effectively squatters and can be very easily evicted if it comes to that.

Obviously this does depend upon the contract that you used prohibiting subletting. If it does not then you would have a claim against the agents in negligence for not including that.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.

what about the deposit i was given for 1000 pounds by the agent from the polish family?

Do i still have to return this or not? if not, would the reason be because i have not received a months rent, or because they were in breach of contract for subletting

Expert:  Jo C. replied 4 years ago.
Well, the issue is the sum of your claim against them.

If your claim is the sum of the deposit or greater than then you are free to keep it.

If not, then you have to give it back either in whole or in part.

You cannot keep it to fine them for subletting.
Customer: replied 4 years ago.

ok, so if i keep the deposit and use that for rent due is that ok?

what can i claim against the agent and for what reason?

also the polish family want to move back in for a month and told me to remove the romanian couple. They also said to me if i let them move back in i will get months rent.

Also, I have issued new agreement between me and the romanians from 25 march 2014.

Expert:  Jo C. replied 4 years ago.
Yes, if they are defaults.

I think I covered the point about the agents above? You can sue in negligence.

The Polish couple can move back in as they have an agreement to do so but if they have sublet then it is for them to remove the Romanian family.

I am concerned that you have issued a new agreement with the Romanians unless the agreement with the Polish couple expired before 25 March
Customer: replied 4 years ago.

i am convinced it is the romanians living in the property, also confirmed by the neighbours.

i issued new contract last week to the romanians because i rather trust them.

contract does not start until 25 march 2014

have i done the wrong thing?

Expert:  Jo C. replied 4 years ago.
Well, possibly.

When does the contract with the Polish couple expire?
Customer: replied 4 years ago.

25 march 2014

Expert:  Jo C. replied 4 years ago.
If the new agreement begins the day after the old agreement ends then that is lawful.

Its for the Polish couple to evict the Romanians if they want them out. They are their tenants.
Customer: replied 4 years ago.


so you say i can claim against the agent, what for? how much? and how do i claim?

Expert:  Jo C. replied 4 years ago.

You have a claim against the agents in negligence effectively for the sum of your actual loss which would be rent arrears.

That can only be brought if you don't claim the rent arrears from the deposit or the Polish tenants.
Customer: replied 4 years ago.

hi, i have been harassed many times by the polish, the romanians and now the agent. I am very stressed out and can't take it no more.

The agent was very eager to find out if i have given the romanians a new contract. I did tell agent i have made commitments from 25 march 2014, whether i let it out again or sell the house is personal and i do not have to disclose this information. He was assuming i have given new contract and in end i told him yes. he was not happy and told me he will take me to court for breach of contract and he will also claim for all his fees.

Can agent do this? I mean I am just the owner, the reason why i issued contract in a month advance is because i need to make arrangements as i have mortgage to pay, plus the current tenants were telling me to issue contract.

The other thing is, to my understanding this new contract issued is not effective until 25 march 2014, and I did tell current tenants that whatever happens from now until 25 march 2014, has got nothing to do with me and any problems you have has to be dealt with polish family, they agreed.

Also yesterday, two days ago, the current tenant phoned me and said the polish family here and with a guy who has tools and tried to break the lock, without success they left.

Yesterday the polish family re-visited and this time the current tenant called the police, the police listened to both parties. The current tenant produced the new agreement that starts from 25 march 2014, he produced bills as well to show they are living there. the polish family showed the police there contract finishes in may 2014 which I have no knowledge where that came from, more than likely the agent gave them new contract last may without my permission, the original contract i have ends in march 2014.

The police also knocked on next door neighbour to ask who is living here, they confirmed it is the romanians and living there almost a year.

police were satisfied that romanians were living there and told the polish family to leave and not to come back.

Also, the agent was suppose to do a inspection once every month, the last time he had done inspection was in may 2013, its been 9 months. If he had done this this mess would not had probably happened.

If i have claim for negligence against the agent, how do i claim and how much? Also can i claim for commission i paid to agent as he has not done his job.

Please guide me further.

Expert:  Jo C. replied 4 years ago.
What would you like to know about this please?

Also, please remember to leave feedback for my answers.
Customer: replied 4 years ago.

ok i will leave feedback.

what i want to know is agent saying i am in breach of contract because i issued a contract last week to current tenants last week. My only reason is i am just making preparation so that mortgage gets paid.

How do i file claim against agent for negligence and can i claim for commission back from agent as he has not done job such as not visiting property for inspection for 9 months, he did not even change bills names despite me telling agent numerous of times but in end i had to sort it out, and fact that very likely agent issued another contract in may without my permission.

How much money can i claim etc?


Expert:  Ash replied 4 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

What else would you like to know? But bear in mind the fee you paid asks for low urgency low detail so the time we can spend is dictated by that fee.