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  #21  
Old 16-05-2008, 02:39 PM
jaykb jaykb is offline
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Default Hyden update

Thanks Dragonlady, I will buy one tomorrow and start "afresh".

Kingjimbo. I am sorry to hear that you are owed by them too. Strangely enough my last letter from them was also dated 21st April and from Ashlea Rose. It promised my outstanding monies within 14 days by bacs as I had requested. It did not include anything about an illness! That excuse is a new one on me. Instead it closed by apologising, so I was really led to believe that they intended to pay.

I have visited Kentspace this afternoon and left yet another letter for Ashlea or Mandy on reception. I was given a dated receipt from the receptionist of Kentspace on a compliments slip. Apparantly they still go into the office on an ad-hoc basis. I even waited outside for a while in case I was lucky to spot them!!

I think that you are right that they knew they were in financial difficulty and have just been 'stringing' us along in order to hold onto our money. I can't believe that this company has reached this.

I contacted trading standards this morning, I will leave details later (school run time now). They suggested that others contact them too.

I am getting so frustrated I am considering ringing the KM!

Sorry to rant on again everyone....
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  #22  
Old 16-05-2008, 02:56 PM
Kingjimbo Kingjimbo is offline
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Default Trading Standards

Okay all,

I have just been on the phone to Trading Standards in which it will be helpful if people can give them a call and log a complaint against Hyden Lettings as the more complaints there are the more they will investigate the issue. (tel: 01622 626 521)

Wasn't the greatest of news, basically they advised against stopping the tennant from not paying Hyden Lettings as Hyden in the eyes of the law haven't breached the contract with the Tennat so if they were to stop paying them the Tennant could end up being taken to court for the monies owed to Hyden Lettings.

However as Hyden have breached the contract with the Landlord, Landlords are entitled to take Hyden to court. (which is okay providing they dont declare themselves bankrupt).

Seems like there is only going to be one winner here!
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  #23  
Old 16-05-2008, 04:18 PM
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Am I reading this right but are TS saying that the contract is between Hyden and the tenant I would have thought that is not the case as Hyden are only the agents.The contract is between yourself and Hydens and as they have breached the contract it is now void unless the breach can be remieded.Also bear in mind that the agents are working on your behalf.I'll post up some case law on this later from home.

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  #24  
Old 16-05-2008, 05:15 PM
Kingjimbo Kingjimbo is offline
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Well it will be interesting to established the way in which the contract works especially if there is case law to back up that there is only one contract in place.

TS were suggesting that there were two contracts in place between the Tennant at the agent and then again between the agent and the Landlord. I have just suggested to my tennant (which thankfully he agreed to) is to give a months notice in writing and then he is free from the 'potential' contract that he could be liable for if he was just to not pay Hyden. Interesting point for Landlords to remember is that the Tennant loses out as well, my tennant confirmed that he had to pay Hyden a deposit of 1,600!

Just to let people know I have been down to there so called 'office' which is merely a small boxed room, in which the room is virtually empty except for a desk and a computer screen.

Going forward, if individuals are looking for new Agents then make sure they are registered with the Association of Residential Letting Agents as this will help protect yourself from the current position we are all finding ourselves in. Unfortunatley Hyden Lettings are not registered members (no real surprise there).
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  #25  
Old 16-05-2008, 05:55 PM
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I can see where this is coming from

The tenant signs a contract with the Agent, so the is one the rental agreementwith all the the terms and conditions. (tenant pays agent rent a month in advance), agent takes his divvy, passes remainder on to owner as per sontract between owner and Agent.

The Owner signs a contract with the Agent, to manage his property with all the terms and conditions attached to that

Two seperate contracts.

It would be interesting in a court to hear a tenant explain they were paying continuing to pay rent to a non existent firm and that firm trying to claim money from a tenant for non-payment, but to cover themselves it would be better for the tenant to give termination notice and request the repayment of deposit monies, this way all the bases are covered.
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  #26  
Old 16-05-2008, 09:17 PM
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Can any of you scan and post a copy of the landlord/agent contract please?
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  #27  
Old 16-05-2008, 09:55 PM
TaboraTabora TaboraTabora is offline
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Do you live locally in Kent Kingjimbo and jaykb? If so, it may be worth meeting and devising a joint plan of action as it will carry more weight.
I look forward to receiving your response.
Regards.

Last edited by TaboraTabora : 16-05-2008 at 10:10 PM.
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  #28  
Old 16-05-2008, 10:11 PM
TaboraTabora TaboraTabora is offline
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What do you think mods ?
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  #29  
Old 17-05-2008, 02:00 AM
jaykb jaykb is offline
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Default Hyden Lettings

Kingjimbo/All,

I am in a slightly different postion regarding your problems with your tenant breaking their contract with Hyden.

In March I spoke to Mandy at Hyden and I suggested to her that the Tenant should pay me directly as I was tired of the late payments. A week later they wrote to me suggesting this idea and said that they would contact the tenant and arrange it themselves. Not surprisingly, they didn't do so and the next payment went to them too.........

Meanwhile I spoke to the tenant and asked to pay me directly, the tenant was very wary but I was fortunate to be able to supply a copy of my letter from Hyden with this arrangement in writing. It was only when our tenant had this that the tenant changed the payment details.

Would a copy of this letter help you? It could be interpreted that this was going to be a new universal arrangement. PLEASE LET ME KNOW.
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  #30  
Old 17-05-2008, 02:20 AM
jaykb jaykb is offline
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Smile Hyden Lettings / Properties Limited!

TaboraTabora/All

Hi, yes I am in Kent. I live in Walderslade. Quite happy for any "joint force"!

I think I spoke to Trading Standards South East, and I unfortunately didn't quote Hyden's registered address (I only found note of a registered Essex address when I was going through my file this pm). I think I should ring back on Monday with my reference code and amend the details. They also suggested that I give my tenant the Shelter telephone number (I can supply it but it's not to hand at the moment). Not that my tenant will need it of course - but because Shelter do give free advice to tenants (and not landlords) and they may be able to help with their deposit return

The contract I have is a very basic and unfortunately I can't scan. I will dig it out and post again tomorrow.

I now know why people hate Estate Agents!!!!!!!!! Arhhhhhhh!!!!!!

Jay
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