Charles Orlebar

Registered with Property118.com
Saturday 23rd November 2013


Latest Comments

Total Number of Property118 Comments: 9

Charles Orlebar

21:43 PM, 13th February 2017
About 4 years ago

Relationship with a letting agent without contract?

Hi, if the agent has failed to publish what his cost of introduction is then it will come down to what he can agree with you. If fees were declared, you take the introduction and not pay the agent, and the agent chooses to persue you, they have grounds for a claim as your acceptance of the introduction by taking tenancy can be argued as an introduction that you otherwise would not have had the benefit of. All sounds rather unprofessional of the agent. Note - that if you do take the intro and not settle with the agent, you may find other agents will not touch you in future - mud sticks. Hope that helps... Read More

Charles Orlebar

14:44 PM, 9th February 2017
About 4 years ago

Tenant damage, depreciation allowances and Arbitration?

Reply to the comment left by "J lied03" at "09/02/2017 - 14:04":

Compensation will contribute to the loss of life value - so assuming a £500 replacement cost. If kitchen and product life value represent 10 years. After 3.5 years you have 6.5 years life remaining. Compensation value would in this instance be £325. Suggest you show your working on your claim. If the area in question is only a section rather than impacting on the full room, the replacement will only apply to the section and the numbers will be smaller. There will most likely be colour (age) differences between old and new. Or even the damaged section is discontinued. These common frustrations will not justify a higher claim or a different means of calculation. Hope this helps.... Read More

Charles Orlebar

12:55 PM, 8th February 2017
About 4 years ago

Tenant damage, depreciation allowances and Arbitration?

All parties replied so far are promoting the facts as correct. Sadly many landlords fall down on successful claims given either poor evidence (in the same vain as you would in court), poor management throughout the tenancy and ultimately a lack of understanding the now basic principle of the status of a deposit.

Consider that the arbitrator does not attend the property, has to review many cases a day. Their view is therefore based on what they read and see from the evidence presented which will include the tenancy agreement etc.. If you are claiming the tenant has not undertaken their obligations under the terms of tenancy - be sure to clearly make reference to the relevant clauses and provide evidence to that effect - ie repeated inspection reports and letters instructing tenant to address the shortcoming etc. If you don't have this then don't expect much. In simple terms, your presentation should lead the arbiter in a straightforward way to allow to make an informed award. So often it is this process that is overlooked undermining a reasonable claim.

You should approach every tenancy from day one constantly collating your evidence of every element of the tenancy/maintenance process based on the fact that you will be in arbration. Approached this way the work involved when it comes to submitting a dispute is minimal assuming the tenant cannot be brought to agreement.... Read More

Charles Orlebar

9:05 AM, 17th October 2015
About 5 years ago

Agent will not supply tradesmens invoices requested by insurance company

Morning - I comment as an agent - One that does not charge hidden commissions over and above the contractors invoice - we make a handling charge for works over £250 representing 10% of invoice cost. In this case the contractors invoice is in the landlords name as is any warranty of works etc. Our 10% handling charge is a separate agency fees invoice. This covers our time assessing the works, organising quotes, inspecting the works and settling the account - effectively project management - hence handling not commission!

There are various approaches common to all agents - Luke P states the typical and fair approach considering.

Any agent instructing contractors on behalf of the landlord, does so by sub-contracting the job, thus is liable to the contractor for the job. Any commission taken over and above the core invoice price has to be declared in either the said invoice from the contractor or as a separate invoice. In the event the billing name is in the name of the landlord - such arrangements have to be declared within the agents terms of business.

If the billing name is that of the agent then the landlord has no liability to the contractor. That liability is that of the agent, quid pro quo warranty etc. In this event the agent will recharge to the landlord under the agents invoice and there is no requirement for the agent to present his sub-contractors invoice showing any margin of commission - because the agent becomes the "contractor" to the landlord. In this event the landlord relies on the agent for warranty etc subject to the terms of business between agent and landlord. Vat claim where there is any relates to invoice that the landlord pays from the agent and for the agent as vat beneficiary from his sub contractor.

So the devil is in the detail associated with the terms of business between agent and landlord. If these make no reference to commission, handling charges etc then they will be open to dispute and most likely unenforceable.

Within the current market place where landlords are driving rates down agents margins are under pressure and these commission opportunities are being more commonly exploited - where it falls foul is when it done without declaration and agreement.

So when the insurer is asking for the sub-contractors invoices of your contractor (your agent). Assuming the agents terms are appropriate there is no requirement upon the agent to present them anymore than a retailer would. A retailer does not have to declare his cash and carry price for the food he has sold you.

Thus the agreement you have with your agent represents a compromise when a third party such as an insurer is involved. The upside is that you only have one port of call for warranty of the works - the agent.

Hope this helps give you the direction you are looking for.

Charles Orlebar... Read More

Charles Orlebar

17:30 PM, 18th April 2014
About 7 years ago

Refused a copy of check out report!

Is your agent a member of ARLA, NALS, RICS? as they have rules and regs and have to be members of a redress scheme such as the The Property Ombudsman.

If they are not they might just be a member of The property Ombudsman alone (although I suspect they are not a member as it is currently a voluntary membership)

A formal complaint to the TPO will take time but if they find in your favour they will make an award.

With an unregulated agent (non member of any of the above) your only option is to instruct a solicitor but this then comes down to the commercial reality of loss versus cost and the likelihood of any return. Outside of these options there is little you can do beyond getting on a plane and make your presence known in person and take back ownership of the process.

Strikes me from your comments that the agent isn't and hasn't been acting in your best interest so you need to take the process in hand yourself to save any further compromise - chances are they never did a check out report to give you!... Read More