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

15:33 PM, 17th September 2012, About 12 years ago

As long as they receive the rent rather than you first you WILL be ripped off.
It is a simple call to the tenant or company that they are now to pay you directly.
You advise the LA of this once done and advise you will settle any amounts owed when you have considered what is appropriate.
Once these LA catch wind of of what you might do you will find very little rent coming to you.
They will find all sorts of excuses as to why so little rent is being be passed on.
If they say we'll sue you invite them to go ahead as you will be counter suing.
You MUST stop the rent going to them ASAP.
All the other stuff can be sorted out later on; but you must not allow the LA to get hold of the rent 1st.

11:09 AM, 18th September 2012, About 12 years ago

I have wrtitten tot he Letting agents setting out my issues- about them not following my instructions re: no DSS, placing a family of 7 children without my knowledge and agreement and fraudulently claiming Housing Benefit for this large family without my permission. Outlined to them my various options- e.g. property ombudsmand, solicitor etc
The response from the agents was that they would not enter into discussion with me. Have referred this to their solicitor who will be in touch .I am anxious now. What can I expect?
Linda

17:11 PM, 18th September 2012, About 12 years ago

Please, please, please ensure the rent is paid directly to you.
Don't concern yourself with all the legal stuff, it will take about a year to sort out.
Remember they are YOUR tenants, NOT the LA.
You can terminate your arnangements with the LA anytime you like.
You might be in breach of contract; but by the sounds of it that is the least of your problems.
You do not need to be scared of the LA.
Even if it turns out everything they did was correct, they will not get anything from you.
It isn't worth the hassle for most of them.
I don't believe this will ever happen based on what you advise as to your ostensible position.
Don't worry about writing etc,
Terminate the contract and ensure rent is paid to you directly and recover the deposit.
Then you can sort out all the legal stuff later on.
If you do not do these things you will continue to be stitched up by these LA.
They can make up all sorts of stuff as to why the rent they pass to you is so little.
Are you really going to trust them to pass rent to you whilst you are taking legal action against them.
Time to wise up and stop allowing them to receive the rent before passing whatever they deem onto you.
I cannot say it anymore than that.
If you do not do you will be to blame for not receiving full rent.
Your choice!

14:06 PM, 19th September 2012, About 12 years ago

I made an initial contact with npg from their site and waiting for a reply, worried to take the first step without finding the needed support to follow it through.....your advice and help are much appreciated. Sarra

15:08 PM, 20th November 2012, About 12 years ago

The main question is, did you have a professional third party Inventory undertaken on any of your properties?
Inventories are there for a reason, and they are ignored by nearly 75% of Landlords.
This causes problems throughout the Tenancy, especiallly at the end when you have no proof of the state of the property when the Tenants entered.
For now on, protect your Investments. Inventories normally cost less than half a months rent, and can save you a bundle of trouble come end of tenancy.

16:25 PM, 3rd December 2012, About 12 years ago

Just as a note a section 21 notice cannot be served by recorded delivery, to meet the full letter of the law it is required that a certificate of posting is collected. Alternatively serving it by hand with a time, date and witness is also considered acceptable.

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