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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To keep this money that doesn't belong to me?

22 replies

Hereiamitsme · 20/10/2018 21:21

Firstly, yes I know I have to give it back really, just after some opinions on the whole situation.
Trying to cut a long story short :
I own a house which I instruct an estate agent to let for me. For the last 4 years the tenant, a single lady, has been on and off unreliable with rent. After months/years on owing, paying late etc I have finally evicted her. Over July and August, her last 2 months as tenant, she was paying in small sums fortnightlyish, £50-85 here and there, but not the full rent. Fair enough I thought, she's trying to clear a little bit of her debt (which was about £700 at that point) before leaving.
She left and the agent did a full inspection of the property. It's in such a state. Dirty, carpets are so stained that they'll have to be replaced. Whole place needs repainting. She's left rotting food in the fridge, random things I'll have to dispose of, and £14 debt on the electric meter..
OK.
Then the agents emailed saying that those July/Aug payments are not from her, not meant for me, and were put in my account by mistake and I have to pay them back. Suddenly I'm in debt! It's nearly £400.

(I still pay a mortgage on the property so I am always way out of pocket when I have no rent)

(At one point her guarantor paid off her debt (about £1000) and asked to be released from his role of guarantor. I said to agent if she doesn't have a guarantor she can't stay, but she never did get another and started being more reliable again for a while, so I probably should have been more pushy then and evicted)

Any thoughts?

OP posts:
Angrybird345 · 20/10/2018 21:35

Who paid the £400?

mimibunz · 20/10/2018 21:37

What doesn’t belong to you?

EmUntitled · 20/10/2018 21:40

So the estate agents accidentally put money in your account? That seems very odd.
At the very least I would find a new agent to let your property. They obviously aren't doing their job very well!

As for the money, you could ask for evidence and if you do need to pay it back maybe see if you can have a payment plan put in place. It's unreasonable for them to assume you haven't spent it and most people don't have £400 just lying around.

Did you manage to claim back your tenant's deposit to cover the damages?

AnalAimee · 20/10/2018 21:40

Did the agent pay them to you by accident?

legofriendly · 20/10/2018 21:40

If you mean the £400, the agents will just start proceedings against you if you keep it and then it will cost you more Confused

DramaticGoose · 20/10/2018 21:40

Surely it's the letting agents mistake so they should sort it out? I'd speak to a solicitor specializing in landlord/tenant law and see what they say.

What I'd question, if I were you, is what were you paying the letting agent for? Collecting rent must be one of the things and they seem to have messed that up big time.

Next time look at getting insurance to cover you if the tenant doesn't pay rent. And find a different letting agent.

IAmcuriousyellow · 20/10/2018 21:41

Ah you know y9u can’t keep it. It’s not from her, it’s not meant for you - I sympathise but it’s just not your money. Shame the agent got it wrong but if you try to keep it someone else is out of pocket.

SilentIsla · 20/10/2018 21:41

No.

Original poster
Hereiamitsme · 20/10/2018 21:45

Thanks all. Yes, they paid it into my account, and sent me statements saying they were from my tenant. They said as it came to them from someone with the same surname as my tenant, weren't sure, asked my tenant if it was from her, and she said "Yep, that's from me". It's crazy really. Now a tenant of another property has queried her debt saying those were HER payments. That's good advice about getting evidence though, thanks.

OP posts:
Penisbeakerismyfavethread · 20/10/2018 21:45

We’re the agents managing the let on your behalf? Because if they were then it was their job to collect the rent and you are entitled to them paying you?
You pay them a fee.

If not you can’t keep

Original poster
Hereiamitsme · 20/10/2018 21:46

And yes, I will look for another agent!!

OP posts:
Original poster
Hereiamitsme · 20/10/2018 21:48

Yes, they were managing the let. They found the tenant too.

OP posts:
Bluelady · 20/10/2018 21:48

Letting agent's mistake, letting agent's problem. They're totally incompetent. Presumably you're keeping her deposit, hope it covers the new carpets. Get a new agent and it might be a good idea to take out landlords' insurance against possible future rent arrears.

AnnieAnoniMouse · 20/10/2018 22:05

I’d tell them to stop being ridiculous.

Their cock up, their problem.

I’m not sure how you’d proceed legally with the imcompetence of the agents (in regard to the other things) but I’d be finding out & mentioning that too.

Twats.

modzy78 · 20/10/2018 22:11

If you have a statement from them saying that it was from your tenant, I don't see how they can now demand it back. You were given it with the understanding that it was yours and have evidence to support that. And how do you know that if you return it, it will be given to the correct person? It's all very odd.

nonetworkaccess · 20/10/2018 22:14

The electricity debt should be hers. The electric was used while she was a tenant. If she owes any utilities, they're her debts.

Tessa Shepperson from Landlordlaw should be able to help. She knows her stuff if you're going the legal route. Most standard solicitors don't know enough about tenancy law to help properly.

Daisymay2 · 20/10/2018 22:19

I think you need to repay the money although I might argue with them as you ere entitled to believe it is your money. I had something similar from my normally excellent letting agents. Only they paid me twice and I queried it.
Please ensure that they let the deposit people know you want to retain the deposit.
The main complaint you have is that they let the guarantor situation run- it was up to them to ensure there was one, so that is the discussion you need to have with them as they were not following your instruction. In fact, I would be pushing them to either get the rent from the guarantor or pay the arrears themselves. Not sure if it is possible but they should have sorted it.
Oh and change agents

senua · 20/10/2018 22:28

Hang on. There is recent money which the agents gave you: they originally said it was from your tenant, now they say it isn't. There was previous money which they said she didn't pay. Can they prove that their accounting was right in that instance and they haven't given your rent to another LL?

Ask them that question and see if they still want to pursue.Grin

Original poster
Hereiamitsme · 20/10/2018 23:18

Senua that's an excellent point.
Thank you all for all the advice.

OP posts:
Cherries101 · 20/10/2018 23:25

By law that money wasn’t meant for you and the tenant’s bank could put you on an industry wide fraud backlist if the payee or letting agent has gotten their banks involved. Trust me that blacklist exists (and is the reason for many 30 day closure letters). You may never get another bank account again.

Your best option here is to repay the letting agent and then seek legal advice for them not doing their job when vetting your tenant.

Original poster
Hereiamitsme · 28/10/2018 21:22

Quick update:
I emailed the managing director (or some such title) of the agents and said I wasn’t happy, asked them to look into what had happened. She emailed back within 4 days aplogising and said that they will cover the cost of the £400, ie I don’t have to give it back.
I’m very pleased obviously, and thank you all for your input.

OP posts:
senua · 28/10/2018 21:28

Result!
I hoped that they would back down in embarrassment. Make sure that you keep the e-mail, or a printout thereof, in a safe place.

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