Hi,

I am looking for some advice.
I rented out my buy to let property using Martin & Co, it turns out that the manager has been misappropriating tenants and Landords deposit and rent for the last few months. I have been informed that his 2 companies have since gone into liquidation, so I am trying to recover my tenants deposit and last months rent and docs and keys relating to my property.

Martin & Co have denied any liabilty as they say that the manager in questions had a franchise with Martin & Co so it's not their problem and I must chase for recovery of the above myself and contact the managers insolvency company direct.

Has anyone ever had this type of problem and if so do you have any advice as to how to pursue this.

Thanks

Mamar41

If your contract was with Martin & Co then it should be their problem unless there was some sort of exclusion clause in the agreement. If I were you, I would start from your agreement with Martin & Co.

If Martin & co still exist, you should be able to sort all the above with them.

Thanks for the advice.

I have just heard from the liquidator who confirms that tenants deposit should be covered under the NALS scheme, but they will not be able to pauy back the last 2 months of rent owed. So I am going to try and pursue this with Martin & Co Head Office, my only concern is whether they can be held liable due to the terms of the franchise agreement. I have rtequested a copy of these terms.

Thanks

Hi mamar41

I think you are right to contact a head office as all franchisees are paying a monthly fee to their head office and some sort of profit share as they often provide training, administrative and other support, which could mean that they were aware about problems for some time, isn't it? I think they must carry some sort of responsibility.Besides it is their reputation as well.

Agree that franchise terms and conditions have to be checked. If terms are ambiguous or there are no exclusion clauses, you should pursue this with Martin & co. Hopefully they'd worry more about their reputation than re-imbursing your two months rent.