Problem Letting Agent

Where are you based? I am a Consultant in a Solicitors practice in Norwich and can refer you to the right person if necessary. Given that Glenn at NPG was a solicitor though it will be a lot cheaper to see if he can help you first.

Thanks Mark for the information, I am near Eastbourne/East Sussex. That's great if Gleen can help me in both situations. Will get in contact from his site. Kind Regards, Sarra

If I was you I would issue a Section 21 as you the LL are responsible for everything irrespective of the fact that you have appointed a LA.
NPG has a well established reputation.
They will not wish to throw that hard won reputation away.
As has been advised by the owner many systems are in place to manage properties for LL effectively.
You could do no worse than place yourself in the capable hands of npg and i am sure they will do everything they can to assist you in your present circumstances.
You must get rid of the existing LA.
Advise the tenants or the company that they are to pay you directly from now on.
Recover the deposit.
And do not pay any more fees to this LA
Advise them that you will be sueing them and if they wish to sue you then invite them to do so.
You MUST terminate all financial arrangements with the LA.
Do not be concerned if they say you are breaching contract, tell them to get stuffed and you'll see them in court.
If they do not refund the deposit, that is illegal.
You can require the deposit to be refunded to the company or tenant any time you like whether the tenant is remaining or not.
I would suggest you start a new 6 month AST, with a new deposit situation with the existing tenant.
NPG may well assist you in all these things as you don't appear to wish to be involved.
As they would be acquiring business from you and it appears, long term business, I reckon they would be extremely active in obtaining you as a client.
They are easy to contact, just google them.
DO NOT let things stay as they have or you will be ripped off even more.
So tomorrow contact the tenant or company and arrange to have rent paid to YOU.

It's still bugging me why my use on the word ONLY has caused you so much distress. I've read the whole thread again and perhaps I'm missing your point. I also ONLY contribute to one charity through personal choice. That's not to say that I don't think other charities are not a good cause - of course they are, I simply choose to contribute ONLY to one. To me, this is much the same as ONLY recommending landlords to look for a SAFEagent badge. It does not imply that I have any less respect for the other regulatory bodies. I have massive respect for anybody who joins a regulator and sits all the exams, maintains CPD, has PI insurance etc. If somebody came back to me and said I've found an agent who belongs to RICS, NALS or ARLA but doesn't have an up to date SAFEagent sticker in their window I would say no problem, they should be fine and you can be sure that your money is protected so long as their memberships are up to date. I would also recommend them to check that is the case.

Thanks Paul, to be honest, I am a bit scared and out of my depth not used to all this or involving in courts. I just had a look at the contract between us which we signed a few month after in a visit to their office, she asked my husband to sign and only he signed (though we are joint owners) the rent etc. goes to my husband but all the dealings with me in my name. What I discovered now she took her signed copy but the one she gave us was not singed by her! Does that mean they are not liable for anything? The other thing the last tenancy which started 04.07.12 though I and my husband singed it I did not return until I requested to see the contract first, the agreement was to let the property for maximum of 8 people but I found out that they just put (company employees instead of how many) I talked to them that I wasn't happy that the house could be overcrowded, did not return to signed part, could this be held against me even though they did not follow my instructions and wanted me to sign even before I see the contract? I know my situation is very complex and I dreading to go through all this, I have tons of correspondents emails most of them without replies, explanation or satisfying answers from their part. Regards, Sarra

If a new AST has been signed then if rent is being paid to you or your husband then fine.
Still terminate your LA contract.
Get the deposit back.
Issue a Section 21 requiring the property back on 5.1.13.
You should only have a 6 month AST.
If a 12 month then you should have a break clause.
If not then you are stuck with these tenants until 4.7.13.
If they stop paying rent you can go gown the Section 8 route.
It is highly unlikely that you will achieve a Section 8 notice if the rent is paid on time for the full amount.
The most you could do to mitigate your circumstances would be to manage yourself.
I would still have a conversation with npg who would give you a better take on your exact situation.
there are so many variables I think npg would be your best recourse.
They will be able to have a complete overview of your disparate circumstances.
As has been mentioned they have legal expertise; probably a lot more than your average LA.
I know if I was in a situation like you I would defer to npg and I would use them if ever I have to use a LA.

Hi Paul, the contract is six month. I need to talk with my husband then get in contact with npg after the weekend. I just had a look at my online statement, the rent was just deposited yesterday, 10 days later and not in full and without any explanations. I still have an outstanding rent from last tenants and until now the agent haven't had the courtesy to reply or explain to me why the figures don't match. Thanks for your help Paul, really appreciated. Sarra

Issue section 21 by recorded delivery.do you have terms of letting. It is the LA's to provide you with a confirmation letter of the tenancy advising you of the new let. Do you have that? The LA needed to have sent you the schedule of rent guarantee as per the terms . Do you have that in place? They need to prove in court that they have employment references and previous address of the tenant. If the tenants are claiming DSS they would not have had any employment history.i strongly advise you to contact the property ombudsman .

Your unfortunate circumstances just gives further weight to calls for regulation of LA.
Such regulation would leave behind a cadre of proper LA like NPG etc.
I believe if such regulation was introduced there would be a massive retrenchment of LA.
I think it has got so bad that something must be done about these rogue LA.
They are tarnishing all the good LA and causing much distress to LL.
LL would substantially reduce their losses if good LA were around.
Very rarely do you hear of a solicitor ripping of their clients, and if they do there is a compensation scheme.
LA need this same system.
ONE scheme, One regulator.
Just make sure the rent comes to first without any deductions from the LA.
In short have the rent paid directly from the tenant to you.
If the LA doesn't like it, tough!
This LA will continue to bleed you dry if you allow them to receive any rent.

I just emailed Glenn and awaiting his reply back. The rent goes to LA then after they take their fees & repairs/maintenance costs they deposit us the rest, I think the delays is always been from their side rather than the tenants.