Threatened by my Letting Agent - Help!!

[ultratux]

Hi,

My letting agent 'threatened' me when I made contact with my tenant. They said that it is illegal under Civil Law that the landlord contacts the tenant directly if he has already appointed an agent to represent him. Is this true?

I don't want to expose their name yet, but they are based in Cumnock, Glasgow. I am thinking of sacking them and appoint a new one.

Thanks!

Charles

[MrShed]

Absolute codswallop that one. What on earth your agent is talking about I will never know, but it is absolute rubbish. Sack em.Are they a member of a professional body?

*EDIT* oh and dont post their name, the editor of the site doesnt like anything that could potentially lead to legal problems.

[ultratux]

Cowboy agents, that is. They aren't a member of NALS or ARLA for lettings, but they are a member of NAEA. They claim they are in this business for more than 10 years. Oh... I don't even want to go into all other frustrations with them... and what they have caused to the tenant...

Thanks for the tip!


Charles

[MrShed]

NAEA are one of the main bodies, I am surprised at the behaviour of one of their members! When you say they threatened you, was it in writing or over the phone? And can you tell us the exact wording? I would certainly report them to NAEA, giving full details of their lack of legal knowledge, and details of the "threat". You should sack them at the earliest possible opportunity. Note I say earliest opportunity....you will presumably have a contract with them, and you do not want to be sued for breach of contract! I would assume the earliest you could get rid is at the end of the fixed term of the current AST, although I could be wrong. A contract should hopefully have some kind of break clause anyway.

[ultratux]

Their exact wordings over the phone was: 'If you continue to contact the tenant directly, the tenant will sue you for harrassment and file for injunction. Anything you have to tell the tenant, have to go through us. You cannot make direct contact with the tenant yourself.'

By the way I found the tenant myself and passed her details to the agent. They should thank me and not still charge me £125 for that!

To cut long story short... ...

They messed up my newly refurbished property when I instructed them to help me put up an exhuast fan in the bathroom and fix up a few spot lights. Walls became black and the shower fell down, bath panel removed, etc... They charged me £400, including a new electricity circuit board. I thought I would need both gas and electricty certs. They said no need if the property is less than 100 years old.

I had to call up the tenant because I want to find out if she has settled in comfortably, since the agent promised me they will clean it up properly. To my horror, they told the tenant they have 'no time' to clean it up and expect her to do it herself voluntarily. Further more, there were no electricity and gas supply; the agent assured me they will help the tenant set up. The tenant however told me the agent said it is her own responsibility to connect the supplies. That's not the worst, she even waited for 5 hours outside the flat for the keys!! Further more, she has a disabled sister to take care of.

In addition, they promised the tenant a new washing machine without my consent, and even dare lied to me that if I don't give one, I will lose the tenant. Then continued: 'By the way, we have this very good contractor who can get one for you very cheaply...' The tenant told me she didn't insist, she just asked. And now, they told the tenant to report to them if I ever contact her again.

Basically , it's like they are trying to cut me off or trying to cover up something... When I asked the agent why they don't perform their duties, they replied: 'If you keep asking and questioning us, you are undermining our abilities. Do you still want us to be your agent?'. The company consists of the mother (the boss), her son (the manager) and his wife (part-time). They claim they have over a hundred properties to manage.



To sack them, I need to give them one month notice and pay them three months of management fees. The problem is, they are holding all the monies now. I have two properties with them and the two ASTs started just two weeks ago.

As a landlord, I guess I can only blame myself for not doing my homework in choosing an agent properly... ...

[MrShed]

Needless to say you have to get rid of this agent. My plan of action would be as follows:

- Report the agent to NAEA, putting all information in.
- Write to the agent stating that you are withdrawing from their services, and giving them a months notice, but that you expect all other money returned, and you will not be giving them 3 months worth of management fees. State that they have breached their contract by being negligent in their management of properties, not gaining your permission to purchase a washing machine(I would also tell them you expect the money back that they charged for this as well, they have no right to charge you if they did not ask permission), the lack of any attention being used to manage the property(not cleaning etc) and the apparent lack of basic legal knowledge with regards their statement to you.
- If they do not return the money etc, sue them. If they sue you, then fight your corner. Note that I am NOT SURE that the above arguments are watertight, or for that matter even water resistant :p but they may well help you, and also put the agent off suing. It may also be worth speaking to your local press.....they wont give a damn about your plight as a landlord, but they may, perhaps, see the tenant as an injured party.

[MrShed]

They said you wouldnt need gas or electrical safety certificates? Did they say you needed a gas certificate? Do you have one?

[ultratux]

We insisted we need to get both electricity and gas certs, but they said we do not need them because the properties are less than a 100 years old. They still did not get them done yet and already have the tenants to moved in.

Charles

[MrShed]

OK that works in your favour and yet also not.

OK I cannot emphasize this enough:

GET THE GAS CERTIFICATE DONE BY A CORGI ENGINEER NOW!

The electrical certificate you do not need. But it is a legal requirement to get the gas certificate done, you are breaking the law by having a tenant present without having done a gas safety certificate. Book a corgi engineer to come round tomorrow morning.(I mean book tomorrow not to come tomorrow :p)

This in itself to me is negligent enough to be a definite breach of contract with regards managing the property, and I cannot see how you could lose a legal battle.

[ultratux]

Thanks MrShed.

In their contract, they have also stated black and white they will arrange it on my behalf and advise the costs involve. Obviously, they are not doing their duties.

I know as a landlord, ultimately I'm liable. Will get it done straight away...

Thanks again!


Charles

[MrShed]

You are welcome. Keep us posted on how you do, but as I say I would have little problem if I were you in breaking your contract with them, as they have not followed it.

[Paul_f]

Ultratux.

If you write to the NAEA you should address your correspondence to:

David Oliver
Compliance Officer
National Association of Estate Agents
Arbon House
21 Jury Street
WARWICK
CV34 4EH

Tel: 01926 496800

It appears this warrants further investigation!

[ultratux]

Thanks Paul!

I got the same contact from NAEA as well. Now writing a 20 page report! Considering to get a solicitor involve as well, as their numbers do not add up in their so called 'invoices'. My newly appointed ARLA agents also helped look into the case a bit and found that in one case, they have illegally given keys to my tenant's carer before the AST is signed by the actual tenant! I also found that they have a 'bad habit' of back dating documents, including invoices for things that they promised but couldn't complete in time.

I have more cases against them now, but this is wasting too much of my time for which I should be looking for more properties!

Cheers!


Charles