Problem Letting Agent

Problem Letting Agent

10:44 AM, 11th September 2012, About 12 years ago 56

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Problem Letting AgentsLinda has written in to share her problem letting agent story and to ask the Property118 community for their opinions, guidance and advice. The remaining content of this post is Linda’s:-

“I purchased properties about four years ago as a cushion for retirement.   It has proved a disasterous undertaking and now that retirment is upon me I have used almost all my savings to redecorate flats left in a disgusting state by tenants.  

It took over 8 months to evict the tenant in Dover who caused considerable damage.  The legal fees were heavy as the tenant appealed everything including the bailiff.  I have recently twice in succession had very bad experiences with two properties.   The Estate Agent in London had clearly not vetted the tenants or managed the property which was handed back to me in a deplorable state.   They claimed that they were required to hand properties back in a tenantable state and not in the same condition as given to them.   Since they made the judgement about what was tenantable, they agreed only to provide a topcoat of paint for the flat.   Weeks of communication achieved nothing and I either took legal action or used the money to redecorate the flat.   I decided on the latter and I am now waiting on a suitable tenant.

My current concern is  a property in Dover which is being handled by a local Estate Agent.  I gave clear instructions for no DSS tenants and no pets.  There were some teething issues, but then the tenants seemed to settle.  Ten months into the tenancy, I was requested to pay for reputtying of a window in the loft which I knew had been in good condition as all the windows had been fixed and repainted.   Sbortly after there was a request for replacement of underflooring in the bathroom as the carpet had become saturated and this had seeped through and rotted the underflooring.  I couldn’t understand how this could happen in such a short space of time.  With both these requests, I questioned “normal wear and tear”.  In the various exchanges of e-mails, I became aware to my horror that a family with 7 children had been placed in my 4 bedroom house and this had never been disclosed to me.  As the house had been redecorated and recarpeted, I would never have agreed to this letting.   The inspection that I requested showed that the house was dirty, smelly and the carpets were grubby.   The Letting agents agreed to 3 monthly inspections.  As various warning bells were going off, I asked whether the family were on benefits and received no response to my question.

I suspect that the letting agent, knowing that I am not local, had ignored my instruction for no DSS and had placed a large family on Housing Benefits in the property and is claiming a substantial rental for 7 children in a five bedroom house (they incl the basement).   In the interim I am being pressured to pay for the excess wear and tear.

I have contact Dover Reveneues, but am not hopeful that they will provide information because of data protection even though I am asking about council tax and housing benefits being paid against my property.

Are letting agents able to negotiate directly with Housing Benefit to accommodate claimants without permission and contrary to the instructions of the landlord?  Is it fraudulent for the Letting Agent to do this?   The Letting agent is registered with the Property Ombudsman and from what I read, they seem very protective of Agents.   What can be done about the situation as I am sure that this cannot be an isolated incident?

Any advice/help that you can give will be greatly appreciated.

Thanking you.

Linda “


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Comments

Mark Alexander - Founder of Property118

6:53 AM, 13th September 2012, About 12 years ago

Hi Puzzler, I believe that I have answered both of your questions in my responses to Antony. I have no "connection" to any of the trade/professional bodies I have referred to.

Puzzler

7:58 AM, 13th September 2012, About 12 years ago

Thanks Mark. I just googled Safeagent and they only have a PO BOx address, they don't even have an office. It is in Cheltenham although their registered office is in Buckinghamshire. I am also based in Cheltenham where my wonderful agent is who does not subscribe, although others who I would not use, do. I will ask them about that and report back. I still don't see what you get for your £50 just confirmation that the agent belongs to other bodies. You can ask them that yourself. Money for old rope, nice work if you can get it, I would say.

Mark Alexander - Founder of Property118

9:03 AM, 13th September 2012, About 12 years ago

Hi Puzzler, I'm not a letting agent and therefore I'm not a member. Given it's only just over a year old though and several thousands of established letting agents have already joined there must be something in it for them too. Anyhow, I've given my reasons for suggesting landlords look out for the SAFEagent logo. This thread isn't about whether SAFEagent though, however, this one is >>>
http://www.property118.com/index.php/happy-1st-birthday-safeagent/30681/

Getting back on thread, what advice would you offer to Linda?

Puzzler

11:05 AM, 13th September 2012, About 12 years ago

See above, rather lengthy one, I'm afraid, currently the newest contribution.

Mark Alexander - Founder of Property118

12:07 PM, 13th September 2012, About 12 years ago

Yep - good advice. Pretty much what I said in the article linked below in terms of how to choose a letting agent >>>
http://www.property118.com/index.php/property-management-advice/

Antony Richards

13:15 PM, 13th September 2012, About 12 years ago

As Mark has said, SAFE lives off the back of the other regulators. It adds no real benefit to any business, no training, no regulating but good self promotion. Just another logo to put on your letterhead. I am no fan of the way RICS works but at least it is a well recognised and accepted brand - the mark of property professionalism

Antony Richards

14:16 PM, 13th September 2012, About 12 years ago

Mark, you are contradicting yourself. By all means recommend SAFE agents but my gripe is with your use of the words 'ONLY use SAFE'. You already acknowledge there are far more professional organisations. SAFE adds no benefit except a little marketing. No agent automatically becomes better because it joins SAFE because you are not required to do anything different. As a chartered surveyor I can join NALS NAEA or ARLA with little or no further study or qualification. To go the other way will take a lot of time and effort. I am no big fan of the RICS but I do acknowledge that it is the premier organisation when it comes to property

Mark Alexander - Founder of Property118

15:34 PM, 13th September 2012, About 12 years ago

Antony, there are so many self styled professional bodies these days that new landlords simply don't know which logo to trust. We hear so much about agents vanishing into the mist with landlords and tenants money. SAFEagent is a signpost to the agents which are regulated by a body where CMP is compulsory and that's why I advise landlords to look for that badge. Meanwhile the 5 regulators all have their reasons to believe they are the best but are they growing as fast as SAFEagent? Last time I heard over 2,000 agents from all 5 professional bodies had joined SAFEagent who seem to be making massive progress in terms of educating landlords and tenants of the benefits of CMP on a comparatively small budget. Arguably all 5 of the others should have done this years ago but they didn't did they?

Roy B

18:51 PM, 13th September 2012, About 12 years ago

I have had no problem with DSS tenants - my agent chooses and I get the option to accept them or not. Same for pets though there is an increased deposit for them and full description of the pet/phot's are requested. Use a good agent - how many properties are they managing and meet them personally. Always use a professional inventory service. Double check on the contracts and if not happy or you are worried about them - change them

Antony Richards

19:51 PM, 13th September 2012, About 12 years ago

We will have to agree to disagree.
SAFE is probably to most self styled of all the organisations. It has now added another logo for landlords not to know which one to trust.
Just because something is fastest growing does not mean it is good or the best (I am not saying SAFE is not good, I am saying it is not the best). RICS has 100,000 plus members but again biggest is not best. RICS has had CMP for years as has the Law Society - I believe.
SAFE is only re-inventing the wheel. I suggest it is adding to the confusion of logos not simplifying it.
Just like all the others, SAFE will, in due course, have rogue members who abscond with clients money.

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