Letting agents / landlord payments

[redstrawberrypie]

Ok so this might sound a bit complicated but here goes,

I recently purchased a small flat but as it was currently rented out I agreed the tenant could stay until his agreement was up (mid Jan 2014).

It is with a proper letting agents, but I wondered if anyone knew when I should get my rental money.

I was given a small payment on the official day the flat transferred to me, the next payment due by tenant 19th Nov. I've spoke to the agency and they said they would send money today 26th. Nothing has been paid in so I've called them again and they are promising tomorrow.

Is this usual for the letting agents to hold onto the money for over a week before giving me the rent?

I've never done anything like this before and starting to wish I hadn't bought the place, I just want him out so I can make a home :-(

What is the rent payment date on the tenancy agreement? You should receive your money on that date.

It can take several days to got through their accounts books (so they can deduct their fee, maintenance costs and tax where necessary). Has he been given notice ?

If the money goes to an agent it's normal for it to take about a week to get to you. Is it by bank transfer? Are you getting a statement which shows how much rent was paid? You will need this for tax returns.

Are you in the UK? Where is the tenant's deposit? Will it be returned to you if there is any damage?

Do you have a copy of the lease? Have he been given formal notice of the end of his tenancy? If not he can stay on after January.

Sorry for all the questions, you've taken a pretty big risk and you need to get yourself clued up if you're now already.

• Not

He had signed a 6 month tenancy, he actually moved in on the day my offer was accepted ??
I have to the letting agency that I'm not happy to extend and that when the 6 months is up he moves on. They are going to send him notice.

I've asked for a copy of the signed agreement that the old owner had signed but they have just sent me a bog standard agreement. So dates and money is not entered on it.

On the tenants copy it says payment due 19th but I have nothing to say when it's due to me.

I live 200 miles from my new flat so it's awkward to just pop in and finding they are not really responding to my emails

A tenant usually requires 2 months' notice so if he hasn't been given notice yet you've missed the mid January deadline.

Did you take an inventory/condition survey when you took possession? Did you/your agent and the tenant witness this and agree it?

Do you have a signed agreement with the agency? What does it say in there re payments?

You need to sort this out, it could end up very expensive and very messy

They are going to send him notice.

This needed to be done by Nov 19th for him to leave mid January.

Yes I went down on the completion day and did an inspection. He had already caused a fair bit of damage, booted one of the internal doors in, fag burns on furniture, the place stinks of dirty smoke, very untidy and hadn't been cleaned for what looked like the 4 months since I was last there. I raised my concerns with the agent and she said she had already told him he would need to replace the door and open windows to ventilate. She also said for me to bear in mind he is only 19 and not used to living on his own!?!

My solicitor had originally wrote to them to let them no to give notice. And on the 9th Nov I also told them again. So shouldn't have a issue with that. I will send them email so it's in writing just incase though

Seriously, you are being way too lax. Don't assume the agents have done anything unless you have seen the evidence. I.e.

• Letter giving notice in the correct format.

• Signed confirmation from the tenant that they have received it.

why don't YOU give him notice? don't rely on others! this is gonna end badly, i predict, unfortunately .

As I said, never done anything like this before, haven't even rented so don't know from that viewpoint.

Thank you though, I will make sure I email them now and get confirmations

Good luck OP. Spend some hours on Landlordzone and get clued up fast. I would bet any money that your tenant stops paying rent once he knows he's going, there's very little recourse.

Thank you ill take a look on there.
His father apparently pays the rent, I've done a bit of searching and he seems like a well known businessman in the area so fingers crossed that he keeps paying.

(head in hands)

you have a teenager, smoking in the property, damaging it deliberately. You have a dodgy sounding agent - the big ones can be just as bad

do you have suitable insurance including malicious damage? Does it cover you for this guy and any vetting done on him? is there a valid gas safe certificate? Is the deposit protected? Do you have insurance for the legals if he doesn't leave?

as others note, too late to get him out mid Jan now. You need to escalate big complaints to the agent. By phone, tomorrow.

The agent said that YOU had to bear in mind that "he's only 19?"

I'd be having very bad feelings about this, if I were you. I reckon you were badly advised to buy a property which has, effectively, got a sitting tenant, who is not looking after the place.