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Legal matters

Me again! More tenancy issues....

20 replies

SmiteYouWithThunderbolts · 26/06/2013 19:49

...this time with the new letting agent! I'm just going to c&p what I've posted elsewhere to save time:

I am so sick of dodgy geezer letting agents and their scheming antics. This time, I'm so sure a law has been broken but I don't know what to do.
We didn't want to go up to the asking price for this house, so offered £1050pcm instead. The letting agent came back to us and said another agent had someone lined up with the asking price, so would WE go up to £1100 and he would then put the other £50/month from his fees to top it up to the asking price. I have an email from him outlining the arrangement. Paperwork all went through fine and we got the contract which said we would be paying £1100/month. We signed and I initialled each page too (this is important later on!).

Now then. After we'd moved in, I got a call from the agent saying the LL had picked up the "mistake" in the contract about the rent payment and that he would need to alter it to say £1150/month and we would need to sign the new copy. We never received the new copy and didn't chase it up. We paid £1100 direct to the landlord at the beginning of this month and got a phonecall later that day from the agent saying we actually needed to pay the extra £50 and then he would reimburse us because the LL isn't actually aware of our arrangement and is under the impression that we offered the asking price.

That troubles me. Surely all parties should be aware of a deal like this?!

More troubling, however, is the tenancy agreement, which I've finally had back. On each page, you can see my original initials signature - except for the page relating to the amount of rent, which has been changed to £1150 and my initials are photocopied. Furthermore, they look ever so slightly different to the other pages, leading me to think it's not actually my writing at all but a forgery. The bastard agent has altered the contract and then forged my initials on the page to make it look like I've signed that bit. This is illegal, yes? At the very least it's rather worrying.

What should I do??! Nothing? Just be aware that this agent is clearly quite unscrupulous? Tell the landlord of the arrangement we made?? If I'd known the LL had been kept in the dark over it, I would have walked away from the house and gone with a different, more reputable agent.

I have also discovered that our deposit has not been placed into any of the registered schemes even though we've been living here for 7 weeks now.

HELP.

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MousyMouse · 26/06/2013 19:55

call shelter.
they know their stuff.
sounds well dodgy, hope it can be resolved.

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SmiteYouWithThunderbolts · 26/06/2013 20:15

I will speak to Shelter tomorrow, thanks.

The more I uncover about this letting agent, the more freaked out I am. Looking up reviews of the company, they are all abysmal and describe the managing director by name (this is who I've been dealing with as they're a tiny company, only one office) as a fraudster and conman. He also has a claim against him for an unpaid CCJ relating to a tenancy case.

Oh my god, what mess am I in now?!

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messybedhead · 26/06/2013 20:18

They don't happen to be called Philip Laurence do they ?

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SmiteYouWithThunderbolts · 26/06/2013 20:32

No, but I'm not sure if I should name & shame!

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Clargo55 · 26/06/2013 20:43

Yes shelter are the best bet.
I would name and shame incase anyone else is thinking of using them.
What they have done with the paperwork is fraud, so you really need to seek advice ASAP.

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messybedhead · 26/06/2013 20:54

Ah okay it was worth a guess!

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SmiteYouWithThunderbolts · 26/06/2013 20:56

Ok, this is their link on the allagents site: www.allagents.co.uk/bowdens/

Anyone know if the landlord could ditch all involvement with the agent but carry on renting the house out to us?

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Clargo55 · 26/06/2013 21:14

Depends what the landlords contract with the agents is. My OH used to rent out his old flat with an estate agent (does it himself now) and to end contract he had to pay a fee of one months rent.

When you contact shelter make sure you cover this aspect also, then once your clued up I would definitely contact the landlord and inform him of what's been going on and how you would like to proceed. Hopefully he will be grateful that you have pointed out their deceit to him.

Also I would take photos of the condition of the property, incase they are needed in future dispute over deposit.

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Clargo55 · 26/06/2013 21:18

God those reviews don't look great. I would also show those to the landlord. Hopefully you can both get away from this firm unscathed.

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SuedeEffectPochette · 26/06/2013 22:26

Hooray. If the letting agent has not put your deposit in a scheme you are quids in. You get your deposit back and 1-3 times the deposit as a penalty. Plus you have security of tenure (for now) because no s21 notice can be served to get you out. Google it! Have fun!

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SmiteYouWithThunderbolts · 27/06/2013 09:22

I don't want the letting agent's inadequacy with the deposit to affect the landlord. The owners of the house are a lovely couple in their early 70s, and on the few occasions I've met them they've been really kind and helpful. Maybe I'm being sentimental but it wouldn't sit right with me to put them in a difficult position because of the agent's actions. Urgh, difficult!

Thank you for all the responses so far. I've got lots of places to ring round and get advice today!

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Clargo55 · 27/06/2013 10:47

Good luck OP. Hope it goes well today.

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SmiteYouWithThunderbolts · 27/06/2013 11:45

Well I have had a very interesting morning! Shelter were lovely although they couldn't offer a lot of help because the forged signature issue is a criminal matter so they said I would need to report that to the police. I spoke to the landlord to get everything out on the table, and he was brilliant. He and his wife had already begun to have suspicions about the agent for other reasons so had decided to find another letting agent at the end of our 12 months or to try and get a contract drawn up directly between us and them - but the bottom line is they don't want us to move out.

The police directed me to their central fraud department and I'm waiting for a call back from them now. I outlined the situation and the guy on the phone said "I have a feeling this man has been reported to us before"! Confused

So for now I'm waiting to hear back from the police about what happens next, and the landlord is chasing up the deposit with the agent. He's furious that the agent has left him wide open to us suing for 3 times the amount - and it was a big deposit! - so is also contacting his solicitor to try and dissolve their agreement asap and set up a new agreement just between us and them.

Blimey.

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Clargo55 · 27/06/2013 13:10

Pat on the back Smite, you've possible saved many more people from heartache.

Sounds like these agents have ripped a lot of people off.
Here's hoping its easy for the landlord to get out of any agreement with them.

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susiesheep2 · 27/06/2013 14:07

Hello, I am a landlord and I really do not think there is anything you need to be worried about. AT ALL.

I would pay the amount which is stated on the tenancy agreement (they can not force you to sign a new one - whether there was a mistake or not).

Pay this by direct transfer (or another recordable way).

If you are in any doubt that the landlord is not receiving the rent, then perhaps contact them directly to confirm.

As for the fact your deposit has not being recorded (which needs to be done with 28 days) this means that you could claim 3 x the deposit as compensation. It also means neither the agent or letting agent can start the eviction process (even after your tenancy has ended!) (unless you stop paying your rent).

Put your foot down with your agent.

If you need any more help, call these people VERY help & free advice line, they know landlord/tenant law inside out.

www.legal4landlords.com/

and for more information about the tenancy deposit matter read these links:

www.evictions-southeast.co.uk/deposit-bond-not-registered.htm

www.landlordlawblog.co.uk/2012/01/25/evicting-the-tenant-where-deposit-not-put-in-a-scheme/

(sorry for all the links but easy than copying & pasting).

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SmiteYouWithThunderbolts · 27/06/2013 22:20

Thanks, susiesheep2. Fortunately I know the landlord is receiving the rent because we pay it directly into their bank account, not to the agent for him to then pass on. The landlord isn't at all to blame for the agent's dodgy dealings so I'm trying not to do anything that causes trouble for him and his wife. When I spoke to him earlier, he was absolutely lovely, very reassuring and I'm confident that at least we're on the same page and will work together to sort this out.

The agent rang me back this morning saying that "Helen" in the office was responsible for everything to do with deposits but was off until Monday, so he couldn't chase it up 'til then. Personally I think that's a delaying tactic but I don't know what to do about it.

The police didn't ring me back so I'll call them again tomorrow. All in all, I'm slightly less panicky now. Just want to know what on earth he's done with my deposit, and what I should do about the forged signature!

Dodgy, dodgy bloke.

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susiesheep2 · 27/06/2013 22:50

The letting agents will be in big trouble if they don't have your bond money. I am sure they legally need to keep this in a separate bank account (if they are holding it).

Why don't you just ask the landlord to print off a new tenancy agreement, there are some basic ones you can just download off the internet for free, then sign it with him? I guess legally that would just supersede the agreement via the agent.

I would not agree to increased rent though. The last thing the landlord will want to do is kick up a fuss over £50/per month. He is no doubt grateful you are paying the rent, as you could cause a lot of problems by refusing to pay, and the way the agreement and deposit has been handled it would be a messy legal process. Good luck getting your deposit back anyway.

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MidniteScribbler · 28/06/2013 05:26

Talk to the owner and say that you'll have an agreement just between him and yourselves, at the original price of 1100 pcm. He'll end up better off anyway because he won't be paying any fees to the agent.

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Clargo55 · 29/06/2013 18:10

How's it going Smite? Did you get a call back from the police?

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SmiteYouWithThunderbolts · 02/07/2013 11:17

Thanks for asking, Clargo55. I haven't heard back from the police yet; really need to chase them up.

The landlord went down to the agent's office today and basically refused to leave until he 'fessed up about the deposit. The agent then rang me and sheepishly admitted that he still had the money but promised it would be put into a scheme today.

He also tried to say the landlord had been 'pestering' me and really should leave us alone. I think that's another trick on his part to divide me and the landlord so he can go back to playing us off against each other. Raaaah. Dodgy, horrible man.

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