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Ann.C
10-03-2010, 11:54 AM
I let my property through a Letting Agent and for the last 4 months have received no rent. I have issued all the necessary forms and am awaiting a eviction date from Manchester County Courts (hopefully!) as tenant has not issued any defence against the N5b.

However, I have been really unhappy with the Letting Agents who have basically washed their hands of the whole thing. Their advice on such basic things as issuing a Section 21(1)(b) was incorrect, but thanks to this Forum I knew the correct procedure. They tried to tell me that the date of issue for a Section 21(1)(b) should be connected to the rent date even though it was being issued within the 6 month AST! In preparation for attempting to claim the unpaid rent through MCOL I have asked the agent for the references and searches they undertook on the tenants so that they can be traced at a later date. They have refused to provide me with the tenancy application forms and their credit search due to 'data protection'. I can possibly understand the credit search but not the application form. Are they correct?

I am really concerned that they do not know their job and wondered if there was somewhere that I could complain to.

jeffrey
10-03-2010, 12:03 PM
Can you show that the Agents are in breach of the written Agency agreement into which you and they entered?

Ann.C
10-03-2010, 16:27 PM
Does the fact that they don't know the Housing law count Jeffrey? Seriously, I need to go through the Agreement and check.

They have failed to keep me advised of problems especially when the tenant started to miss rent payments and the first I knew of it was when a cheque I had written bounced because there was insufficient funds in the account due to the tenant not paying their rent. Plus as I said, they got the regulations about the issuing of Section 21(1)(b) and Section 21(4) mixed up and tried to tell me I should have issued the Section 21(1)(b) the day before December's rent was due and that I would have to start the whole process again.

Now they are telling me they cannot let me have a copy of the tenants application for tenancy due to data protection. Call me suspicious but I am beginning to think that they didn't carry out the necessary checks they should have done, and being naive (not any more though) I didn't question them.

jeffrey
10-03-2010, 16:50 PM
Does the fact that they don't know the Housing law count Jeffrey? Seriously, I need to go through the Agreement and check.
You engage professionals. They are expected to deliver the service promised! Ignorance won't help them!

Ann.C
11-03-2010, 10:22 AM
Can anyone confirm if the Letting Agent is correct that I cannot see a copy of the Tenants application for Tenancy. I really only want their dates of birth so I can track them when they leave the property.

Thanks.