I wonder if anyone can give me advice on my legal position here?
Bear with me while I outline the case.....
In February I purchased a flat with existing tenants paying £850/month rent. The previous owner was using an LA, but I had spoken to the local agents before the sale and explained that I would be managing the property myself. They asked for my bank details so that future rent could be paid to me.
Now, the day that the sale went through also coincided with the tenants' rent payment for the following month, and they provided notice that they were leaving. This last month's rent from them is therefore due to me, as the property owner at the time.
Where it gets interesting is that shortly after the sale went through, the LA asked me to provide a letter from my conveyancers proving that I was the new owner. I supplied the required information to them, but the money has never hit my account.
I have spoken to the local agents on a number of occasions to follow up, but they refer me to head office. My letters to head office have not received any response at all.
So, here is the current situation:-
Finally today, after more than 6 months chasing by email and letter, I was able to speak to someone at their head office. It emerges that the LA have paid the rental money for March (which is due to me, remember) to the previous landlord by mistake. They say that they have written to the previous landlord to recover that money, but have not yet received payment from them. I suggested to them that it is the LA who owe me the rental money, and their relationship with the previous landlord is nothing to do with me. The lady said that it would not be possible to pay me until they had themselves received a refund, but they would be happy to say to the previous landlord that I would consider legal action for recovery!!!
Question:-
I believe in the circumstances that the LA are in error and that they - having collected the rent - owe it to me. Any payments that they made to another party are nothing to do with me and irrelevant in this case, and they should certainly not be involving me in any disputes with that 3rd party by suggesting that I might threaten legal action.
Am I right? Can anyone tell me who owes me the money?
Incidentally I have not commented on the frustrating lack of communication from the LA to date. They have promised to send me a letter detailing their position and what they are doing to resolve the case - I'll wait and see how long that takes........
Bear with me while I outline the case.....
In February I purchased a flat with existing tenants paying £850/month rent. The previous owner was using an LA, but I had spoken to the local agents before the sale and explained that I would be managing the property myself. They asked for my bank details so that future rent could be paid to me.
Now, the day that the sale went through also coincided with the tenants' rent payment for the following month, and they provided notice that they were leaving. This last month's rent from them is therefore due to me, as the property owner at the time.
Where it gets interesting is that shortly after the sale went through, the LA asked me to provide a letter from my conveyancers proving that I was the new owner. I supplied the required information to them, but the money has never hit my account.
I have spoken to the local agents on a number of occasions to follow up, but they refer me to head office. My letters to head office have not received any response at all.
So, here is the current situation:-
Finally today, after more than 6 months chasing by email and letter, I was able to speak to someone at their head office. It emerges that the LA have paid the rental money for March (which is due to me, remember) to the previous landlord by mistake. They say that they have written to the previous landlord to recover that money, but have not yet received payment from them. I suggested to them that it is the LA who owe me the rental money, and their relationship with the previous landlord is nothing to do with me. The lady said that it would not be possible to pay me until they had themselves received a refund, but they would be happy to say to the previous landlord that I would consider legal action for recovery!!!
Question:-
I believe in the circumstances that the LA are in error and that they - having collected the rent - owe it to me. Any payments that they made to another party are nothing to do with me and irrelevant in this case, and they should certainly not be involving me in any disputes with that 3rd party by suggesting that I might threaten legal action.
Am I right? Can anyone tell me who owes me the money?
Incidentally I have not commented on the frustrating lack of communication from the LA to date. They have promised to send me a letter detailing their position and what they are doing to resolve the case - I'll wait and see how long that takes........