My letting agent has been really good in the past but approx a year ago he moved a new tenant in. Since then i have had problems. Tenant not paying rent, not paying council tax, not paying utilities etc. I have had several late fees and fines imposed while trying to sort it all out. The letting agent keeps assuring me he is going to get it sorted but so far I am not getting anywhere. I have repeatedly asked for a copy of the tenancy agreement so that I can give the details to council tax people etc but so far he has ignored my requests. Is he legally obliged to give these details to me? And am I allowed to pass these details to the council so that they chase the tenant for payment instead of me? Any details or advice with this would be gratefully received.
If you have a fully managed service then it’s the agent who should be doing all the chasing for rent.
In regard to the council tax and utilities, the liability lies 100% with tenant and neither you or the agent has no obligation to be involved with this, although reminders of their responsibility to pay is ok. I wouldn’t be chasing on behalf of the council. The council should however know who the tenant is, just tell them if you have any doubts, unless you are saying you don’t have the tenants actual details? Sounds like agent hasn’t told council who the tenant is. Very odd.
The whole thing now just sounds like a load of hassle, if agent is unwilling to provide a copy of contract to you after multiple requests I would be looking at involving the redress scheme that they must be members of.
If you feel like you have given the tenant a reasonable amount of time then you should be arranging serving of s21 and s8.
What are the late fees and fines you are taking about?
If you have an agreement with the LA that they can sign paperwork as crucial as a TA on your behalf, I would instruct them to stop and take over signing things yourself so you can see what the terms you are signing actually say. It gives you control of the paperwork.
I hope you have everything in writing in terms of comms with the LA so that you can go to the redress scheme and escalate your complaint. An email to the LA asking for details of their redress scheme might give them warning that you are at the end of your tether with them.
Who have you had late fees and fines from? When a tenant moves into a property, you contact the council tax office and utility companies to close your own interim accounts. You should be able to do this without knowing the name of the tenant, although its better if you do know. You need to demand the details from the agent. They have a duty to inform you.