Letting agent not responding to my hand-delivered letter

Letting agent not responding to my hand-delivered letter

10:18 AM, 14th January 2022, About 4 months ago 8

Text Size

I am a first-time Landlord and the Letting agent does not respond to my hand-delivered twice repeated letter regarding a tenant complaint.

As I live in the same block of flats, I dealt with the tenants’ failed immersion heater within 2 days. I wanted the agent to write to me saying what the tenant said so that I would have a paper trail, as the tenant can be overbearing verbally.

Obviously, the agent doesn’t want a paper trail, as they only were employed to secure a tenant. This service was rapid and duly paid for, including setting up a 12 mth Short Hold Tenancy from 1/11/21. There is no LL/agent contract as I am on-site to deal with matters.

6 months rent was paid to the agent and duly passed to my bank a/c.

I want the rent to be paid directly to myself in future, not the agent. There is no guarantor and no indication of a financial reference check.

Also, please advise regarding a suitable LL insurance policy for an unfurnished flat in 46 flat well-managed purpose-built complex.

Thanks.

Cyril



Comments

by Neil Patterson

10:20 AM, 14th January 2022, About 4 months ago

Hi Cyril,

Welcome to Landlording.

I would recommend you make contact with our insurance team >> https://www.property118.com/insurance-landlords/

by Neil Patterson

10:21 AM, 14th January 2022, About 4 months ago

If it was a tenant find only service can I ask why the tenant is paying the agent direct?

by CYRIL STALEY

12:00 PM, 14th January 2022, About 4 months ago

Reply to the comment left by Neil Patterson at 14/01/2022 - 10:21
Hi Neil
6mths rent was paid at the start, at the then prospective tenant's wish and agent passed this on to me minus fees.
As I am concerned 're agent participation, I do not want ongoing fees simply for transferring rent payments when next due from 1/5/22.
The paper trail I wished to establish was in respect of aggressive tenant, but due to agent not answering my repeated request letter, I think I need a trail in respect of the agent also.
Just as a future precaution in both cases.
Thanks for your reply.

by Judith Wordsworth

12:28 PM, 14th January 2022, About 4 months ago

You are managing the property therefore the paper trail is your responsibility.
Your letting agent has fulfilled their contract with you, ie to find a tenant.
I would have thought it is your responsibility to invoice for the next rent payment but I would check your tenancy agreement as whilst your tenant might have paid 6 months up front the agreement might actually state monthly in advance so you will need to invoice your tenant by 1/4/22 for either monthly payments till expiry of the tenancy (I would include a standing order form - obtainable from your bank and keep a copy for yourself) or the next 6 months period to expiry (ie to 31.9.22) if that was what was agreed (in writing??)

by CYRIL STALEY

13:42 PM, 14th January 2022, About 4 months ago

Thanks Judith
When agent, in a state of agitation at 10.00am Tuesday, said I had not given 24hr notice of plumber arrival and due to the previous night's tenant's tantrum said it would be better to continue on a managed basis due to tenant aggravation. I verbally agreed.
My 2 x letter asked agent for written confirmation to both myself and tenant. No replies given hence my concern about future agent involvement/fees. No written contract exists and requested status confirmation not provided, hence need for paper trail.
Tenant report 're failed heater was direct to me on the Sunday. Tenant failed to open door on agreed time on Monday so i put a note through door 24hrs prior to my emergency plumber's arrival whose entry to flat was 1 hr after Tuesday complaint to agent.
Problem fixed that day, Tuesday after Sunday report. 3 days in all- good. service by myself and plumber.

by Jay Patel

10:17 AM, 15th January 2022, About 4 months ago

Paper trail is your responsibility and certainly not the responsibility of the letting agent if they are a letting only agency. The easiest thing to do if you are really concerned is to cc them in on any email. - no I don’t think that that’s really necessary as you already will have proof of sending.

Rental payment arrangements should have been made before the start of the tenancy. If not, then it’s easy to rectify as you just have to inform your tenant to pay to you, the landlord.

It’s always a good idea to send an email to the tenant, after every visit as this acts as a good log of, number one the visit a number to what was agreed, said and done on that visit.

by Y Lana

17:00 PM, 15th January 2022, About 4 months ago

Hi Cyril. From what you've written, I'm not clear about what service you procured from your agent: are you?

A 'find only' service usually involves getting you a tenant, doing the vetting checks, setting up the tenancy agreement and collecting the initial rent and deposit. At that point the agents job is done and it's up to you to manage it thereafter or arrange for someone else to do so. So it's not surprising that your 'let only' agent doesn't want to get involved - you're not paying them to manage the property and they don't want the liability that would come if matters turn sour between you and your tenant.

May I suggest that you upskill yourself pdq as to your responsibilities as a landlord or get an agent to manage it for you. It's easy to fall foul of the many regulations you have to comply with and, in the current environment, not advisable to do so.

by CYRIL STALEY

18:06 PM, 15th January 2022, About 4 months ago

Thank you Lana
My understanding matches as you describe.
The LL/agent relationship became confused after the tenant phoned them about lack of 24 hr notice, despite I had provided this.

Irately, the agent immediately phoned me stating the tenant complaint and because the tenant is verbally aggressive the agent offered to proceed in future on a managed basis to which I agreed. I asked for a letter 're this status change to be sent to both myself and the tenant.
Despite my two hand delivered letters asking for this written confirmation none has been supplied nor any further phone call.
My concern currently is whether the agent will bill in future as managed or not. No written contract exists between the agent and myself.
I think I shall just write cancelling the agent in all respects, telling them due to their lack of answer to my two request letters.

Due to covid the office is closed to callers, hence why I hand posted whilst staff visable inside.
I shall write to tenant that we shall deal in future direct without an agent.
Thanks for you info.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER

Landlord Tax Planning Book Now