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Is Your Letting Agent Holding Deposits Or Failing To Pass On Rent?

Written by The Landlord on 30 Nov 2009

Pay up Before you get bent out of shape and start raging at your tenant for failing to pass on rent, it’s probably best to make sure your tenant is the actual cock-face that is breaking the chain of making rental payments.

Recently a pompous-arse rogue letting agent in Oxfordshire was raided after several dozen landlords and tenants complained about missing rent and deposit payments. Basically, tenants were paying rent on time to the agent, but the agent was failing to pass it onto the landlord. The agent was also holding security deposits, refusing to return them to the tenants. You can read the full story here, on the Oxford Mail website

Moral of the story, it’s not always the tenant that’s playing the cowboy role when the rent isn’t being paid.

The offices of James C Penny estate and letting agents, in Walton Street, Jericho, went under a six-month investigation after about 50 complaints were made by tenants and landlords concerning missing money. It is believed the complaints could total hundreds of thousands of pounds in rent and deposits.

It’s an interesting story, and I imagine they’re not the only agent in the country failing to pass on rent to the landlord.

Are you a victim?

If you’re a landlord/tenant that is experiencing similar problems, you’re advised to contact trading standards on 0845 051 0845. The more complaints the better, and the stronger and more urgent the case becomes. So if you know of others experiencing the same problem regarding the same agency, it’s best if they complain as best. Build an army.

Ways of preventing this from happening

The most obvious solution would be to cut out of the middle man. Don’t bother using letting agents, and take control yourself.
Letting agents offer several packages; they usually offer a package which means the landlord is responsible for collecting rent, while the agent still manages the property. Take that option. Additionally, that’s usually a cheaper option than full-management, where letting agents take full control.
Get the agent to use an external Tenancy Deposit Scheme (TDS)
Only use Letting Agents that are registered with An Approved Redress Scheme For Consumer Protection
Use letting agents that are part of a client money protection scheme. All agents regulated by ARLA/NFOPP, the Law Society, NALS and RICS maintain and operate separate designated client accounts where your money is held completely separate from the operating funds of the firm. If the agent you are using cannot provide you with the assurance of knowing they are covered by a client money protection scheme the question you need to ask is why not? More details on client money protection scheme

Has anyone experienced this kind of thing before, or know anyone who has been through this issue?

Guide On Picking The Right Letting Agent

Would You Manage Your Properties If You Had A BTL Empire, Or Would You Employ A Monkey Letting Agent?

Letting Agent Isn’t Passing On Rent To Landlord

Letting Agent Or Landlord Responsible For Securing Deposit Into A Tenancy Deposit Protection Scheme?

How To Make A Complaint Against A Letting Agent

Use Letting Agents With A ‘Safe Agent’ Mark

60 Comments - join the conversation...

Showing 11 - 60 comments (out of 60)

Roberta Ward2010-01-13 12:21:30 Thats great news. There are a lot of folks who should be exposed for how they have ripped people off. I could easily give you a list of about 10 just of the top of my head. They are still in business and luring in newbie investors too. Makes me so mad.
Just as an aside, does anyone know if Harlequin have followed though with any legal threats?
Roberta
Thanks for the link! I mat post it around a few places ;-) 11

romeo victim 22010-01-15 14:58:55 hi romeo victim, i am an lanlord as well as their victiom.is there any way you could give us more info about the investigation. we haven't contacted the tradig standards yet. what is the best thing to do? 12

RomeoVictim2010-01-16 18:10:31 If a takedown request has been received on behalf of Romeo Bater Limited, formerly of 507 Old York Road, Wandsworth, SW18 with a prior service address of Foresbrook, Luton this notice will be able to remain published in this thread as it is a statement of fact.

Statements of fact are, of course, not libellous.

As moderator of this site or indeed a former client or creditor of Letting Agent RomeoBater Limited, please consult Companies House and / or speak with DS Doyle at Wandsworth Police.

-- 27/01/2010 - this comment has been modifed by the admin. 13

RomeoVictim2010-01-16 18:33:51 Hello Romeo Victim 2

Please contact Wandsworth Police and email romeobaterinfo@hmamail.com

As the 507 Old York Road address is abandoned, you may wish to use the last good known address for service for Mr Richard James Davies: Forsebrook Butterfield Gn Rd, Luton, LU2 8DD. This property is owned by Mr Richard Morgan Davies, his father.

The address previously given for a property in Cornwall (possibly a holiday home?) has possibly been sold by the Davies Family.

Please post to this site if you have been affected and email romeobaterinfo@hmamail.com with your
details.

– 27/01/2010 – this comment has been modifed by the admin. 14

Richard James Davies2010-01-17 15:50:34 My name is Richard James Davies.

I was the sole director at Romeo Bater. With regards to the monies lost due to Romeo Bater ceasing trading, I can only apologise. If I had money I would return it to you all today, but I don't even have the £2,000 required to liquidate the company.

I have no assets, no home and no car. Basil Hawkins has never traded and has never earnt a penny.

For the record, Charlotte Pickering and Gemma Coles had absolutely no knowledge or involvement in the demise of my company. Gemma and I are no longer together due to these circumstances and the least I owe her and my sister is to clear their names. Also my Father, Richard Morgan Davies had absolutely no knowledge of the financial straights that my company was in when I asked him to become a director and invest money into the company to open a second office.

I worked as hard as humanly possible to keep the company going to earn enough money to pay everyone back but the hole I was in was too deep. Again, I can only apologise to you all and assure you that there is no money. If I had any I would attempt to make repayments but my career and life is in tatters.

If anyone wants to contact me then they can on my email address which is LIITEA@HOTMAIL.CO.UK

Richard 15

Richard Morgan Davies2010-01-17 19:03:29 It has just come to my attention that people are commenting on Romeo Bater on this site.I have always been contactable over this matter and have spoken to many creditors.
I was a large investor in this company and have lost all of that money.
Every body involved worked as hard as they could to keep things going, the fact that I lost my entire lifes savings proves that we took this very very seriously.The office rent and wage bills were just too big to sustain and the company went under.
My e mail is richard.davies777@hotmail.co.uk 16

Paul2010-04-27 12:41:12 I have a large portfolio and deal with various agent - the above named agent ,mainway in Norfolk deal and manage 11 properties for me as i work abroad.
I must say they have gone out there way for me on quiet a few occasions dealing with issues as they happen and also re-letting very quickly i really cant fault them as i also deal with agents in other parts of the uk who really are/were useless and charge for everything!
However reading above they did not actually withhold anything rent or deposits? I find they are very quick at passing my rent on to me however I also do not expect a letting agent to be a structual engineer just a letting agent so i dont expect a structual report on the property just an update on the tenancy - but thats buisiness! 17

Ian2010-05-06 15:43:20 I am owed 3 months rent. It was remis of me not to be more careful when checking my bank statements. I live in Australia, my property is in Westminster London. I have tried to contact the lettings agent Cosmos Estates. Got no answer to my email and the phone company informs me that the three phone numbers I have for them have all been disconnected. I have sent another email today advising Cosmos that I am dis instructing them and I have appointed another agent. What can I do, if anything to get m money. If there are still tenants in the property I am also worried that I will be liable for their deposit, even though it was never passed on to me. Do I call the met police, the trading standards office or what? I am at a complete loss. 18

Sam2010-05-06 17:15:09 You need to immediately inform the tenants of the situation. You need to get a record of any payments for rent they have paid and any deposit. If you have not been passed this deposit (or the agent was meant to lodge and you cannot find any record of it), then you are still liable. You need to get the funds (from your own pocket) and then lodge this deposit immediately into an appropriate scheme. if you do not do this the tenant can sue you for 3X the amount and you cannot serve a S21 if you ever want them out.

How have you chosen the new agents? You must be very careful with who you choose. Have you informed them of the situation? What have they suggested? You need to contact trading standards, the police, companies house and you will need to instruct a solicitor/ go through small claims if you wish to reclaim the monies. That is only my opinion. 19

Raj Rangoo2010-07-25 09:56:17 We are having an aweful time with our Letting Agent In Yorkshire which is sressing us big style. Initially, we thought that he was a very professional person the way he spoke and reassured us of how he manages the properties, but that was proven to be wrong. He did not pay us 4 months rents, claiming that the tennants were not paying as they were not very happy about something. He failed to evict the tennants in time that he was instructed by us. He has never provided us with a contract despite numerous remindings by e-mails, phone calls and text messages. He did not pay us even from the bonds that he normally keeps. He promissed us that he would be able to locate them and recover the money through small claims which I understand he possibly never persued with that.
He managed to find us another tennants straight away after the first tennants left and every was going on fine until we requested him to give the tennants 2 months notice as we are selling the property and again he failed to do that. The tennants are still in the property, but the letting agent has not been paying us promptly since then. He now owes us 3 months worth rents. We are fed up calling him, e-mailing and leaving text messages but he hardly replies. I personally contacted the tennants and they told me that they have received the notice letter in June from the Letting agent, when in fact they should have vacate the property in May according to our instruction to the Letting agent. The tennants also stated that they have never failed to pay their rent, but we do not understand why we are not paid promptly. We keep requesting him for a copy of the contract and a copy of the notice letter, he issued the current tennants to vacate the property, but he keeps ignoring us. We have tried to get advice from CAB which was of little benefit. I saw a Solicitor for advice but she was quite negative about things. I am going to contact the Trading Standards during the week for advice regarding how and where to put a complain about my letting agent's fraudulent activities.
Anybody who had been in simillar situation or anyone who could advise us on how to deal with this situation would be appreciated. 20

dankor2010-08-04 20:11:51 best thing to do is only use a good estate/letting agent that has a good record. Ask for reference from existing landlords! 21

RomeoVictim42010-09-28 13:48:49 This is a response to Richard Davies' comments and heartfelt apology in the above string to people who have been forced into taking serious financial hits due to what can only be discribed as fraudulent behaviour.

Our contract stated that you (Romeo Bater) would register our deposit with the TDS. I called them upon hearing of this apparent liquidation only to find that you had never registered your COMPANY with TDS let alone our deposit. You even faked a TDS registration/account number on our contract! Why would you do that? As sincere as your apology sounds, this smacks of premeditated thievery. 22

Debbie Ross2011-02-02 12:42:56 My tenant has left owing me 4 months rent. No forwarding address.

The agent has billed me for his 10% of the rent not paid.

Can he do this? There is nothing in the contract about what happens to commission if rent isn't paid.

Am not ntending to pay this, am already £3000 out of pocket. 23

Mrs M Street2011-02-02 18:48:35 Having had great service from a letting agent who sold out to a company called Thomas and company i stayed with the new agent and have been with them for about eight years.Over that period they have not paid in the rent on time on many occasions,sometimes three and sometimes two months late,always an excuse.I have now had enough,they now do not return my calls.Should i report them to trading standards
and get the local news paper to do a piece on them.They are just taking the - - - -. 24

efpn2011-02-06 00:06:29 i have been with a letting agency for approx 2 and a half years the whole time i have been with them they have been 2 to 3 months late with rent always ringing them to put it in begging them actually and to top it off the tenant left the property in a total mess with damage done to doors furniture etc and also took some of my furniture with them and was 4 months in arrears i am now trying to getmy deposit but to no avail 25

andy2011-02-07 14:37:44 i have ben with my letting agent now for 2 yrs and they have defaulted on payments, i have had contacted with my tennent and she assures me that the rent has been payed and even tells me that the rent is going into the agents account way before i recieve it, becuse of the incompitencey of the letting agents mistakes i have incured charges with the bank and my mortgage is now in arrears, my tennent wants to stay and i want her to stay but the letting agent needs to go as they are taking money for no service, the 3 month reviews are never done, but the problem i have if i wish to keep my tennent i have to pay the agents a percentage plus a months rent, i would just like to know am i within my rights to render the services of the letting agent due to there incompitence, i am also concerned about the tennents deposits which are held in a Deposit scheme, should i sack the letting agency. 26

doubleforward2011-02-08 14:27:05 FAO Mrs M Street

I am having and have had exactly the same problems you decsribe with the same agent. I have also heard of at least one other landlord in a similar situation. - I am worried that if I dis-instruct they will retain the exisitng tennants deposit. I am considering my options and will report them to trading standards 27

Roberta Ward2011-02-08 14:43:19 Hi, firstly if the deposit is lodged with the DPS as it should be then it belongs to the tenant NOT the agent. Agents have no rights over the deposit unless you instruct them to keep some back for damages or non-payment of rent during the tenancy.

Furthermore, the deposit is sent back directly to the tenant not the landlord or the agent.Also you can submit a form (completed by the landlord) notifying The DPS that there has been a change of landlord or agent, which puts you back in control.
If they have not submitted the deposit they are breaking the law and can be prosecuted.They have a number to call for queries: 0844 4727 000.

Andy,the agent has clearly broken the agreement you have with them.The agent does not own the tenant.Ask the agent to provide the unique Deposit ID "The unique identifying reference number allocated to each deposit following the successful submission of it to The DPS by the landlord". As above, if they cannot provide it check with the DPS to see if it was lodged. Also check your agreement with the agent to see what you actually agreed to.Lastly, ask the tenant to provide proof of rent paid, or speak to them to get the funds sent to you directly.If the agent broke the contract they have no legal power over you. 28

vanitha Teja2011-03-11 18:44:53 I have been letting my property via a letting agent called Scott Porter, Richmonds estate agency now called Ashworth,in sutton surrey,my problem started since i left the uk to reside in Dubai.
Total of nearly a years rent is outstanding, Monthly rent is £800.

my husband went by the agency and the shop is shut, He then walks by the flat and the tenant claims she has been making the payment.
My problem is i dont know where to start ? There is no way to make contact with this fraudulant agent and his shop is shut and we live outside the country.
If anyone has any advise on what i can do , Please advise. 29

roberta ward2011-03-11 19:12:36 The best thing to do is contact Landlord Action. The owner Paul Shamplina used to be a bailiff and is used to tracking down rogue tenants and agents.
0333 240 9770
Does the tenant have proof its being paid, they may not be telling truth either. 30

vanitha Teja2011-03-12 17:28:43 Thanks Roberta, Yes the tenant has provided reciepts, I will make contact with Paul Shamplina on monday now being the weekend.Will post my outcome soon after. 31

andy2011-03-12 22:00:09 Thank you Roberta
Further to my recent post on here, the letting agent yet again failed to put in januarys rent, but fortunately i managed to ring the mortgage company in time, to which they did actually state that littigation papers have been written, but i managed to pay them an amount to keep that from happening, I really do want rid of the letting agent now, they a causing no end of problems for me and i am incuring large charges from both mortgage and bank for non payments,I rang the letting agent furious that this had happened again!!! and they sorted out the rent but gave me no explanation as to why this had happened nor did they appologise, absolutely disgusted!!!!!!!. 32

roberta2011-03-12 22:48:45 May be a stupid question, but have you checked your agreement with the agent? It sounds like they have broken it, in which case you can sack them - in writing. Why don't you ask the tenant to pay you direct? The agents dont 'own' the tenant either- no matter what they say.

I would suggest getting a legal letter written detailing all the charges and issues and submitting to the agent. Depending on the value, ( if under 5k for example) then you can issues a small claims and threaten to take them to court. With a small claim they have to respond within 14 days too. I would definitely go for some legal assistance though.
hope you get it sorted. 33

mr andrews2011-03-13 08:24:51 I have also had problems with Thomas and Company Rentals Northampton and Milton Keynes, they owe me rent and do not return my calls.They should be hung up and left out to dry. They have stolen from me and need to be bought to task. Lock them up or take things from their homes of value if any. They need naming and shaming. 34

vanitha Teja2011-03-13 16:49:43 The agent has very clearly violated the contract, and i have been keeping a trail of mail from him promising payment, prior to scott porter the agent going silent. Hence my husbands journey to London,with 3 young children i couldn't travel myself.

I am aware that i need to start legal action as all the resonable trying has failed. Although i am well within my right,i was trying to avoid the the hassle, unfortunately it has escalated beyond what i thought.
I am also in the proses of finding a solicitor. 35

Anon2011-05-25 17:40:52 Interestingly enough, I used to work at Romeo Bater.

I am also owed monies but gave up a long time ago.

Richard was too inexperienced and lacked the knowledge and business acumen to start and sustain a sucessful company. He was not malicious or vengeful and certainly didnt do it deliberately. 36

Fraud_victim2011-06-04 08:37:07 Name and Shame:

Bobby Bakshi, formerly of Tauntons, West London. A conman and a thief. Tauntons now closed, avoid this man at all cost. 37

Amar2011-07-14 15:41:43 I too had a problem with Ashworths / Richmonds and did precisely what Roberta has suggested. Just before I sacked Scott Porter he put a benefit tenant in my flat. I had problems with my previous benefit tenants and he was instructed not to take on such tenants. I have since found out he charged her £500 to find a place without references. A total scammer, what is the landlord paying for? One year on I am still dealing with the aftermath. Have lost 1000's of pounds over 3 years and it has really marred my new life since moving to Switzerland. I networked with some other disgruntled landlords. Trading standards got involved but I haven't heard anything since Feb. I think he is in a lot of financial trouble. I have many accounts of stolen deposits now ( both of my tenants for starters ) and non payment of rent to tenants. 38

Amar2011-07-14 15:44:46 The benefit tenant I am currently evicting is over a month in arrears now but still expects to get her deposit back, that I paid in out of my own money because Scott stole it. It is a rediculous situation. This man has Munchhausen's or is just an old fashioned bare faced liar. 39

richard bird2011-08-17 22:02:11 ** comment has been removed due to request ** 40

Vanitha Teja2011-08-18 16:46:55 Hi Richard
Scott Porter,Owes me over 2 years of rent mounting to many thousands of pounds, He has been served a winding up demand but am not holding my breath.I do belive he is a fraudster, the last tenant he let into my property used it as a brothel, she however produced reciepts of her rent payments which was not forwarded to me. She was told to leave by the Police.. The police are aware of Scott and his actions, wheather it will be taken further will have o be seen. 41

richard bird2011-08-18 18:26:26 ** comment has been removed due to request ** 42

richard bird2011-08-19 20:48:51 ** comment has been removed due to request ** 43

David Sweeting2011-08-31 07:08:34 ** comment has about Scott Porter has been removed due to request ** 44

richard bird2011-08-31 21:31:15 ** comment has been removed due to request ** 45

Amar2011-09-01 08:40:42 Hi Richard,

I have been in contact with other landlords and tenants that have had problems with Ashworths over the last year or so. I have been trying to progress things first through the OFT, then through Sutton trading standards. Mr Brian Cox is investigating this company and assured he would progress things through the Enterprise act in July if a "significant" number of issues / complaints have not been resolved. I also am of the view that the police should get involved and he should face criminal charges for fraud, and have also visited Sutton Police Office last year to make my point, but no movement so far. 46

richard bird2011-09-01 18:56:05 ** comment has been removed due to request ** 47

Brian Cox2011-09-07 12:33:35 ** comment has been removed ** 48

The Landlord2011-09-07 16:20:16 Hi all,

Just to give you all a heads up. I've just received an email from a Katherine at Ashworth Properties.

Apparently the comments regarding a Mr Scott Porter are all untrue (defamatory). Consequently, unless I remove the comments immediately, she's going to pass the case onto her solicitor's litigation team.

I've instructed her to pass the case onto her solicitor's, so they can come back to me with precise details on which comments are defamatory.

Can anyone that feels they have fallen victim to Mr Scott Porter please contact Brian Cox from Trading Standards (refer to comment above).

Obviously I have no idea what's going on, I've never dealt with a Mr Scott Porter and/or Ashworth properties. I'm just the messenger (please don't shoot!)

Good luck folks. 49

Amar2011-09-07 16:29:50 I too have just received a threatening phonecall from the elusive Scott porter himself, saying that, I would be receiving a "visit" in Switzerland from a "businessman" in 4 days regarding the comments on here, because he knows where I live!

I do actually have a solicitor regarding this matter and if he wanted a resolution before it coming to this, he should not have firstly ignored me, and secondly ignored him. Would also have been nice if he had put my tenants deposits in a guarantee scheme instead of pocketing the money himself too. 50

David2011-09-08 09:42:40 Regarding Scott Porter

First: "The Landlord", you have done well to have his sidekick have the solicitors specify just what is supposedly defamatory. I know from experience that Scott will bluster and say anything – almost always baseless -- on the spur of the moment, and she will always tweet in his support. Good that you called thier bluff. He should not be able to censor honest accounts of his behaviour.

Second: Mr Porter owes me several thousands of pounds. There are also several unsatisfied county court judgements against him – by which I mean LTDs of which he was the sole shareholder at the time of the judgement, i.e. his shell companies.

It think we’d all like to see him stopped, and to recover what is due to us.

So, I have already emailed Mr Brian Cox.

In the meantime, it seems to me that it is in all of our interests to compare notes to build a case against him, through the courts and / or the press. In my case I have quite solid documentary evidence, not merely allegations. I would be interested in sharing it with anyone who would be willing to share theirs with me. Therefore: vanitha Teja, Amar, richard bird, David Sweeting, and anyone else who would like to cooperate in this, please contact me, either through this site or – in case Scott does indeed manage to silence the discussion here – at SuttonTenant@yahoo.co.uk 51

Beverly2011-09-15 21:50:22 I paid a large security deposit for a three night flat rental through a London based estate agent called Real Link Home Services. My daughter (age 16) and her cousin (also a young girl) arrived by train from Scotland at midnight. They had called and emailed several times and had been assured that someone would meet them to give them the keys. After 90 minutes they gave up and spent virtually all their money on getting a hotel. They felt unsafe waiting, and the estate agent had turned his phone off after the first time they called him to let him know that they were waiting.
He was in Spain apparently, and had entrusted the key to someone who just didn't go to meet them.
We are now waiting for our deposit back. I am furious- that our daughter was scared, that Real Link Home Services is so shoddy, that we are now dealing with this. We also paid HEFTY bank fees to transfer the money to the US-based flat owner. 52

richard bird2011-09-16 23:33:16 ** comment has been removed due to request ** 53

Amar2011-09-19 08:35:14 @Richard, could you contact me. In the first instance by email. a_rijhwani@hotmail.com. Thanks. 54

Beverly2011-09-23 18:33:12 Just to follow up on my comment from a few days ago - Real Link Home Services, London Relocation, and all the many people who are 'temporarily in Cardiff' or somewhere, and need to rent their apartment to a 'responsible person' etc- they're all scams.
There are a number of postings and blogs about them.
I have put in a complaint with craigslist and the FTC bureau in the US to try to shut this activity down. 55

Peter Cook2011-11-16 16:58:09 Does anyone know what has happened to that prat Romeo Bater/Richard James Davies... He ran off with 2 of my tenants deposits...

Is he still cowardly whinging that he is hard done by, but really sipping cocktails on some white sandy beach?

Even if your company went bust, the deposits should be protected. This makes you a petty little criminal and if you are found you will be facing a hefty stretch.

Show your face little man... Show your face! 56

David2011-11-20 11:51:45 I continue to recieve a number of similar complaints about Scott Porter -- if they are trues (they certainly ring true) it appears the gentleman is quite set in his ways. Feel free to continue to contact me at my email address (above), though I think it is very important to also contact Brian Cox of Sutton Trading Standards (his email is also above). Brian is collecting cases of a combined action at the county court. The more documented cases he gets, the better all of our chances of recovering what is owed to us -- and perhaps putting and end to Scott's escapades.

By the way I understand that Scott has "leaned" on some of the people who'd posted here to remove their negative comments. 57

David2011-11-20 16:16:09 Regarding Scott Porter's company , Ashworths (he is director) : I have done a search of the Registry Trust Limited , which is a record of county court judgements.

I searched for Ashworths Estate Agents Limited. The results state that since August 2010, there have been 5 county court judgments against the company, which have NOT been reported as satisfied, totalling £18,004.

I then searched Richmnonds Estate Agents Limited, the now dissolved predecessor of Ashworths, of which Scott Porter was also director. The results state that between 2006 and 2009, there were 3 county court judgments against the company, which have NOT been reported as satisfied, totalling £1,873.

It seems clear these are the same entities associated with Scott Porter, and not simply other ones with similar or idnetical names, as for each judgement the address of the defendant is listed as 1 Regent Parade, Brighton Road, Sutton, Surrey, SM2 5BQ. Those of us who have dealt with Scott knows this is his office.

You can do these searches yourself, for £10 each, at
http://www.trustonline.org.uk

Perhaps instead of threatening to sue this forum for defamation, Ashworths might address these reported 8 judgments totalling just under £20,000. 58

Amar2011-11-21 12:10:46 Thanks for the update David. Scott did try to metaphorically lean on me, I stood up to it though. Don't think I would be so able to do that if he did it in the physical sense. 59

David2012-01-24 19:03:46 Rumour has it that a national newspaper is interested in the Ashworths saga and is collecting evidence. Interesting, if true... 60