# Letting agent gave tenant the keys, but never asked them for 1st mth rent or deposit!



## poolfan (29 Sep 2010)

Hi a friend let out her house through letting agent.

Letting agent gave tenant the keys, but they never got first month rent or deposit!!

They have their bank details for their monthly standing order.

What position does that leave her in.

1. Is it the letting agent responsibility
2. Will the letting agent have to hand the money over to her
3. Will the tenants have to pay the 1st month and deposit or is that now lost, since the keys were handed over


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## ajapale (29 Sep 2010)

Please post in the correct sub forum.

Askaboutlaw is for law topics not covered elsewhere on AAM.

Moved to  Property  investment and title expanded to reflect question.


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## pixiebean22 (30 Sep 2010)

I would assume tenants will have to pay first month rent plus deposit or at the very least their first month's rent up front, unless the landlord intends to let them live there for free.

Also, what does it say in the lease agreement?  If it is in the lease that deposit plus one month are payable then it must be paid regardless of when they got the keys.  Yet another letting agent not doing their job!


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## poolfan (30 Sep 2010)

Well they have received the first direct debit from the tenants.

They didnt know anything about the first month rent and deposit not been taken.

Have never heard of keys been handed over without first month rent and deposit taken.

Ultimately is it the letting agents problem?


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## missdaisy (30 Sep 2010)

Was there a lease and did the lease make provision for a deposit?


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## MrMan (30 Sep 2010)

How is the letting agent getting paid? Generally its taken from the first month rent and deposit (depending on the fee). If they took no money then they can't get paid so it makes no sense. Did your friend not sit with the agent and discuss how they operate? The basics are getting your rent and securing a deposit so if your friend overlooked this they need to get onto the agent and get them to secure a deposit now.


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## AlbacoreA (2 Oct 2010)

The agent should have done all this. I would be thinking at best this isn't a very good agent to get the very basics wrong. Unless they had a good reason for doing this, I would switch to another agent. 

Perhaps the agent is holding the deposit. How did your friend come to be renting a house when they don't seem to know the basics.


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## poolfan (13 Oct 2010)

They received the deposit from the letting agent.

But the letting agent DID give the keys to the tenants without receiving any money for deposit or first month rent, not sure where that leaves the letting agent


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## AlbacoreA (13 Oct 2010)

Not with you.

How did can they have received the deposit from the agent if the agents not got it off the tenant ???

I don't think the letting agent really isn't anywhere. He can just walk away and leave you with a tenant problem. Its not worth it to pursue him for anything. 

IMO and I'm open to correction, the next step would be to make the tenant aware of whats due, and an opportunity to pay it, and the choice to move out if they don't want to pay it. You'd have to give them 14 days from the written notice of the arrears though.


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## poolfan (13 Oct 2010)

When i said they received the cheque I meant my friend has received a cheque from the letting agent

I dont know, they  ( my friend) received the cheque from the letting agent for the first month rent and deposit less their fee.


What problem could they have?

Thye next month rent came through as well, the standing order that was set up.

Not sure where it leaves the letting agent, but the rent has been paid and they have their deposit and first month rent,


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## MrMan (14 Oct 2010)

poolfan said:


> When i said they received the cheque I meant my friend has received a cheque from the letting agent
> 
> I dont know, they ( my friend) received the cheque from the letting agent for the first month rent and deposit less their fee.
> 
> ...


 
I think you have us all confused at this stage. Your friend has the deposit, is getting paid monthly without a hitch.. I just don't see any problem to be honest. The letting agent has done their job.


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## poolfan (14 Oct 2010)

The tenants havent paid the first month rent or deposit to the letting agent.
The letting agent realised their mistake and paid my friend the money she was due.
Still leaves the letting agent in a position where they have to pursue the tenant for the deposit and month rent to recoup their money.


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## JMR (14 Oct 2010)

poolfan said:


> The tenants havent paid the first month rent or deposit to the letting agent.
> The letting agent realised their mistake and paid my friend the money she was due.
> Still leaves the letting agent in a position where they have to pursue the tenant for the deposit and month rent to recoup their money.


 
Ah right, I see now.
But why are you (or your friend) worried about it?


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## poolfan (14 Oct 2010)

Not worried, just updating the circumstances.

Highlighting how bad some agents are, especially in tough times.


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## AlbacoreA (14 Oct 2010)

So far I've been bitterly disappointed by any agents I've tried.


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