DPS and TPO giving contradicting advice and reviews?

by Readers Question

14:30 PM, 5th March 2019
About 12 months ago

DPS and TPO giving contradicting advice and reviews?

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DPS and TPO giving contradicting advice and reviews?

In a ‘nutshell’ Purplebricks letting agents have made a mess once more.  This time at a DPS adjudication, by again going against my clear instructions, when they entered a claim against the former tenants for the rental arrears, which were due to their early termination of the “fixed term” tenancy, but ironically they DID NOT enter my claim for £540 legal fees when I had to employ a solicitor following a 7 month deadlock, because the tenants refused to enter into ADR on my claim.

DPS correctly ruled that the tenants were NOT responsible for the lost rental income of 3 half months approx £2,500, because the agents, PBs had given authority to use the break clause.

Six months later the Property Ombudsman when reviewing my complaint stated this was not the fault nor responsibility of PBs to reimburse me, as my contract was with the tenants.  Again at my representation (appeal) when I had presented to them the DPS findings and the AST along with letters from my solicitor to this effect, again TPO refused to uphold my claim against Purplebricks for my loses.

So in effect we have two Government organisation giving contradicting advice and reviews.

Very interesting and embarrassing I hope?

Munro



Comments

Munro

6:20 AM, 6th March 2019
About 12 months ago

For those who might recall this is a continuing struggle from last year, please see my previous post "Breach in Duty of Care", which I received great response and advice from several on 118 Forum.
https://www.property118.com/breach-duty-care-help-please/comment-page-2/
Well there were several more mistakes and oversights by Purplebricks which TPO did nt see fit to uphold in my complaint, such as:-
Failure to meet with the tenant and collect the keys to signify the surrender of the property, end of tenancy. Resulting in a further week or so no one knew what to do, until PBs had to arrange for an Abandonment Notice.
A four week delay in having the End of Tenancy report conducted. Preventing me from marketing the property for re letting.
Further to this the Property Ombudsman stated PBs can not be held responsible for these delays with the Inventory check. That it was my prerogative to delay marketing the property whilst waiting for the Inventory check.
TPO also stated any errors or mistakes made by their Third Party contractors were not Purplebricks responsibility. This was in regards to the failures and inconsistencies by the Check out Inventory clerks report, so preventing my claims for damages at DPS arbitration.
Also TPO said as I used another letting agent PBs should not be expected to refund their fees, as this was my choice.
I am currently several 1,000 pounds out of pocket, the Property Ombudsman awarded me £200 for stress, anxiety and undue distress as their "Proposed Decision". Before I even had chance to declined this Purplebricks once more without any agreement sent the payment by BACs to my account.

In a fairly recent media interview Katherine Sporle said that it was her aim and that of TPO to restore the balance where by the complainant/claimant was back in the same financial position they were prior to the errors, mistakes and negligence.

Thank you kindly

Somebody please tell me what on earth is our country coming to?

Ian Narbeth

10:36 AM, 6th March 2019
About 12 months ago

Hi Munro
I am afraid you have a choice. Either throw some serious money at the problem, instruct solicitors and sue Purplebricks or write off your losses and put it down to experience. Given what the Property Ombudsman has said I doubt very much that PB will offer you a penny extra unless you sue. A solicitor can advise on the prospects of success. If your claim is the low thousands it probably is not worth pursuing because the costs even if you win (and that is not guaranteed) will be disproportionate.

If you have Social Media skills you might fo after them on Twitter or YouTube but be careful not to be defamatory.

Fen Jen

10:40 AM, 6th March 2019
About 12 months ago

It is not worth trying to gain redress from tenants who are in default of a tenancy agreement or for the damage they might have caused. Gong to arbitration or tribunals only cost you more money. The Tenants have all the advantages and the Landlord none Landlords just have to cut their losses effect repairs and let again. My advice would be to select the tenants yourself in future and not use agents.

Mike W

11:41 AM, 6th March 2019
About 12 months ago

I think you should seriously consider the small claims process - if you have the time to do it yourself. If you believe you have a viable claim then go ahead. It really is not complex. I do not have much faith in Ombudsmen and interestingly for the first time last month made a claim against ombudsman services for incompetent handling of a case in which they initially tried to 'brush me off'. Within a day of the CEO receiving my letter I had a call and £125 offer of compensation for failures on their part which I accepted provided they made good on a previous adjudication.

I am not aware of the details around the property ombudsman but in the case of telecoms and utilities and finance the ombudsman decisions are only binding on the big organisation not 'the man on the street'.

If you have the time and patience - never give up.

Munro

23:58 PM, 6th March 2019
About 12 months ago

Reply to the comment left by Fen Jen at 06/03/2019 - 10:40Sorry but the axe to grind is not with the dispute on the Tenant's deposit, it the tenants. Did you not read whats been said?
In fact DPS arbitration awarded me very fairly and almost 100% of the deposit held.
But thank you for commenting anyway.

Munro

0:12 AM, 7th March 2019
About 12 months ago

Reply to the comment left by Ian Narbeth at 06/03/2019 - 10:36Thank you Ian, depressingly very much the case, sad but all so bloody true. The Ombudsman is a total disgrace not fit for purpose. Its just another Government window dressing exercise, much as Mike W another member here has commented. This is simply to pull the wool over the Public's eyes, and to let them believe that someone somewhere is protecting them.
I ve used them before, once again I was awarded £150 declined this and took legal action against the Property Managing Co. received £2600 out of court settlement.
Comments please on Ms Sporle quote below and how that is applied here-
"fair and reasonable and puts consumers back to where they were before they lost out, plus compensation''.
Ian I d appreciate more, your comments on the actions and logic of TPO and Purplebricks please.

Munro

0:18 AM, 7th March 2019
About 12 months ago

Reply to the comment left by Mike W at 06/03/2019 - 11:41Thank you so much Mike, you echo my thoughts totally. I shall be doing just that, your support and encouragement is most welcomed and a much needed moral boast. When everyone else seem apathetic and nonchalant to this outrageously useless Govt agency.
Thanks.

Munro

3:20 AM, 18th March 2019
About 11 months ago

Reply to the comment left by Ian Narbeth at 06/03/2019 - 10:36Hello Ian,
A brief moment of you time please, as now some sense is bring made of this matter. Please could you clarify to me where this leaves me.
Tenant contacted PBs requests to leave early, as she had done so in the two previous months all which I refused. Again her request was denied through the letting agents. I receive no confirmation or acknowledgement one way or the other of what the situation was.
Then the following month no rent received agent has no idea, Tenant not returned keys, agent pursues Tenant for over a week text, emails & calls. Eventually issues an Abandonment Notice before meeting the Tenant at her new accomadation to collect the keys.
This discovery shines a different light on the issue, right? An Abandonment Notice!
1). Who is responsible for the lost rental income as the Tenant says the LA gave her permission. But how could they if the AN was issued?
2). Letting agent has ignored my three written requests to provide witness statement for my SCC hearing next month. I required a summary of events, copies of correspondence with the Tenant and the date and copy of the Abandonment Notice they issued.
Last Friday Rishi Sharma, PBs Counsel responded to say that my solicitors must contact him. I was not planning to use a solicitor as its a SCC hearing.
So must I apply to the County Court for a N 20?
Many thanks.

Ian Narbeth

15:11 PM, 25th March 2019
About 11 months ago

Reply to the comment left by Munro at 18/03/2019 - 03:20
Hi Munro
I have been on holiday - hence the delay in replying. I am not really able to answer further but suspect the tenant will argue PB accepted a surrender of the tenancy.


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