Difficult letting agents

[scotlandlord]

I would be grateful for advice on the following matter. Apologies for the long thread.

I currently let a property through a large letting agency in Edinburgh. Damage was sustained to the property by previous tenants. Following a 6 week gap, a new tenant has moved in. I only discovered that the property had been damaged when I made an impromptu visit during the 6 week vacant period. Amongst other things, furniture had been destroyed, curtain rails ripped off the walls etc.

The letting agent is unable to tell me if this damage was noted at the check out report. They are refusing to let me see the check out report. Their reason is that personal information relating to the tenants on it, and besides, they are not legally obliged to. They are supposed to perform 3 monthly inspections and supply me with a report. I have received none. I have no idea what, if anything, has been fixed, and whether they have retained any of the deposit.

Unfortunately, the agent is not a member of ARLA etc. I feel rather foolish for not doing my homework before selecting them, though having now read postings, I shall be trying to change agents soon.

Can the agent refuse to let me see check out and inventory reports?
The 'contract' that I have signed has no condition relating to terminating the agreement. Can I sack them with no penalty? If I wish to undertake my own inspection, what are the rules regarding landlord's access?

[justaboutsane]

Can the agent refuse to let me see check out and inventory reports?
The 'contract' that I have signed has no condition relating to terminating the agreement. Can I sack them with no penalty? If I wish to undertake my own inspection, what are the rules regarding landlord's access?

I can only comment on what I know of English Law but I am assuming the data protection act covers Scotland too. As the agent is acting on your behalf you are entitled to see the Inventory and check out forms. If they try and stop you on this basis they are talking rubbish!

If the contract does not state termination I would assume that you can just sack them without penalty.

Under English law you can request access for Non emergancy access by giving the tenants 48 hours notice.

In all of this however I would get legal advise, most solicitors give you 30 minutes free time or you can contact Citizens Advise or equivalent!

[Bel]

When my agency stopped becoming regular with my rental payments , and other inadequacies, I contacted my tenants and told them I was taking over and send all cheques to me.

I ended up complaining to National Assoc. of estate agents; who found in my favour. All money was paid back to me. They got a slapped wrist. Found out somebody was also complaining to to the association at the same time....so it wasn't just me they were diddling. Later they absconded with alot of rent money. This was a "reputable" agency !!

The lesson; dont trust agencies if they give you reason not too.

[Paul_f]

Bel's case has highlighted perfectly that by not using a regulated agent i.e. NAEA/ARLA/RICS member, then you will get sweet FA if the agent runs off with your money. Bel got her money back because of the insured scheme that members must belong to.

[Bel]

Actually I got my money back directly from the agency before he ( an alcoholic according to the staff) ran off......that happened about 6 months afterwards. I was well out of there.

As you say, I do agree about using accredited agencies in principle.