Section 8 issued by agent but Tenant not technically 2 months in RENT arrears - is this ok?
Apologies in advance to everyone as I posted this erroneously on the arrears forum instead of this section forum, Maybe someone can delete it from there?
My agent issued a Section 8 notice for rent arrears and we are proceeding to court.(date not set but soon).
I have just found out that the tenant was not technically two months in arrears. His "account" also included fees the agent had charged the tenant for things like late rent fees and non-standard payment type fees (i.e. cash instead of direct debit) ... lets not get into rights or wrong of fees.
Anyway, if we strip out the fees the tenant was not over two months in rent arrears when the S8 was issued ... I am concerned now as I thought the S8 was for rent arrears, not just "arrears".
The agency fees have nothing to do with me or the rent. They are between the agent and the tenant. I do not believe they should be lumped in with his rent account.
Also, the agent has been using money paid in by the tenant to pay off their fees before allocating money to his rent. Surely this is wrong also.
Whats the legal positon? Any ideas?
If its bad, where do I go from here. ANy suggestions?
Then again maybe I am just wrong and it doesnt matter.
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