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james champkin

Problems with rental payments

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Hi all,

I'm having an issue with the rental payments on an apartment in Liverpool that I completed on back in May and need some advice! The apartment was purchased with a tenant in-situ until 17th October 2019. It is fully managed by a management company.

Everything has been fine until this month when no rent appeared in my account. When I discussed this with the management company, it became apparent that the tenant had been paying their rent one month ahead (i.e. they have already paid for August), and therefore opted out of paying this month to catch up. Therefore, the previous owner of the apartment received a month's rent that they shouldn't have been entitled to. The management company are claiming that it should have been the responsibility of my solicitor to pick this up and I am currently trying to get hold of my solicitor to discuss this, but it seems to me that the management company should have flagged this when I took over ownership of the apartment. The management company has remained the same for the duration of the tenancy.

Where do I stand on this? Have I got any chance of getting the month's rent back from the previous owner? And who's fault is it that this wasn't flagged to me?

Any advice greatly appreciated!

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Have you checked the rent payments and contract to confirm this is the case? A lot of people (tenants) get rent in advance confused, if your agent may have just parroted that excuse without checking.

To not to be able to pay August, your tenant when they moved in would have had to pay two months rent. One for the month they are living in and one to be held by the agent. Perhaps that was the case..

If what the management company is saying is right, then I think your Solicitor should have brought this up.

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Hi Adam,

Apologies for my slow response! 

 

I have received the rental payment schedule and this confirmed that the tenant has indeed been paying a month in advance. I'm still trying to chase my solicitor to establish why they didn't request this schedule during the transaction, but I get the feeling that it's very unlikely I'm going to see that money now.

Has anyone else had a similar experience?

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