Complaint against letting agent: is it worthwhile?

[u952460]

Hi,

My letting agent, I feel, has not conducted his practises very well at all over the last few years. What is the process for raising complaint, and will someone be able to have an overview of all documentation and correspondence regarding the tenants and the issues that have been raised ???

Latest tenant, foreign student has done a runner, 2 months before end of tenancy and left flat in need of repair. Deposit doesn’t cover all this. Student has now left country and returned to Saudi Arabia.

Just feel the LA is responsible and has not done the necessary due diligence to look after my best interests instead of just filling the flat with anyone just to make money.

[jeffrey]

Is the Letting Agency part of:
a. a nationally-branded chain; or
b. a trade body with enforceable disciplinary rules?

[u952460]

From what i can tell, their letters have the stamp of the "OEA Ombudsman" and the "OFT" Approved code.......

[TenantsLuvMe]

Hi,

My letting agent, I feel, has not conducted his practises very well at all over the last few years. What is the process for raising complaint, and will someone be able to have an overview of all documentation and correspondence regarding the tenants and the issues that have been raised ???

Latest tenant, foreign student has done a runner, 2 months before end of tenancy and left flat in need of repair. Deposit doesn’t cover all this. Student has now left country and returned to Saudi Arabia.

Just feel the LA is responsible and has not done the necessary due diligence to look after my best interests instead of just filling the flat with anyone just to make money.


The problem with the letting agents "profession" is that they are not required to have any qualifications, adhere to any code of conduct, etc., and also, they do not provide you with a service that you could not reasonably do yourself, unlike a lawyer, accountant, etc., and from whom there is a level of expectation of what that person will do.

Essentially, the letting agent simply carries out those administrative things that you can't or don't wish to do yourself in seeking to find a tenant, manage various aspects of the home (management) and handle some basic-level paperwork before, during and after the tenancy.

The letting agent will have got your approval to accept your previous tenant and they will most likely point to that in their defence, should it be necessary.

Letting agents do not have a magical way of knowing how a tenant will behave once the tenancy begins and they do not offer any "warranty" as to the tenant's conduct.
This is the point of the deposit, but as many landlords have found out, 1 month's rent as deposit barely covers, if at all, any damages, unpaid rent and other costs from a bad tenant.

My advice to you is to keep looking for a good agent and keep hold of them if you find one that you get along with.

I am not a lawyer but I shall venture to say that unless anything was agreed in writing in advance or the documentation to which you refer shows clear negligence which resulted in an unqualified/unsuitable tenant being given a tenancy in your home, any action against the letting agent is unlikely to yield favourable results for you.

[Snorkerz]

Letting agents do not have a magical way of knowing how a tenant will behave once the tenancy begins and they do not offer any "warranty" as to the tenant's conduct.Agreed - but they do have access to Credit Checks, references, deposits and guarantors. Without even one of these the agent should surely have consulted with LL and explained the risk of accepting such a tenant. If, knowing this, LL accepted tenant, then the problems would be his responsibility. If LL was not given details of such risks - or if such basic referencing tasks weren't carried out - then it is not right that he should carry the responsibility. I believe it is covered by the Sale of Goods & Services Act - but I'm not a lawyer and I could be wrong!

[mind the gap]

Letting agents do not have a magical way of knowing how a tenant will behave once the tenancy begins and they do not offer any "warranty" as to the tenant's conduct.



True, but whereas many LAs will try to knobble you for continuation fees when a T proves to be 'a good 'un' who stays on in a property for more than one fixed term tenancy, they are strangely reluctant to offer you a refund when they find you 'the tenant from hell' who defaults on the rent and trashes the place.

I speak hypothetically, of course, since for reasons I have explored elsewhere on this forum, I do not use letting agents to find me tenants or manage my property.

[u952460]

Background: Tenant has breeched contract, leaving 4 months into 6 month contract. No notice served. He has also left the country. Therefore my claim on unpaid rent will be very difficult. I am therefore left claiming reimbursement for repairs done and was hoping for the residual from the deposit to go someway to the unpaid rent.

Letting Agent is claiming reimbursement for work done, cleaning etc, of which I have not seen any invoices and some work even hasnt been done at all ie carpert cleaning. He is taking his fees from the deposit and leaving me with the residual which barely covers my repair work. Deposit is held in "mydeposits". I have stated that I am not happy with how he is declaring what costs he will reimburse for and that there has been no negociation or discussion.

- How can I legally stop the Letting Agent taking the fees? Are there any provisons or Housing Acts I can quote in my next email to him?

- I understood that any claims the LA had for work done should be made as a claim to myself and not taken directly from the deposit?

- How do I resolve the dipsute with regards to the reimbursement he is claiming for work I do not beleive he should be charging when he is now silent?

I have raised numberous emails to the LA and he is now not responding to any of them. I believe the LA is not being part of any ombudsman scheme and therefore how can I raise complaint against his practises and conduct?

[u952460]

I would say, and I would need to back this up by checking my correspondence that I have not vetoed any of the tenants the Letting Agent has taken on, or at least been given the details of the real issue of the relevant credit checks taking place and proper referencing, guarantors if things went wrong.

The last 2 tenants have been language students. The LA has advised me that any issues we have with the deposit not covering costs is just a case of following up with the school, or worst case the embassy and costs could be claimed there. Naively I bought this reasoning and i'm now dealing with unpaid rent for 2 months and dealing with trying to stop the LA taking his costs for reimbursement from the deposit which is leaving me short. The LA now claiming no responsibility for following up with the tenant with rerds to my claims and washing his hands of it all. I know you cannot say that a tenant will be good or bad but the fact that I am left with no follow up on this situation is the frustrating bit and the LA gets away with negligence.

[Poppy35]

the difficulty you may having is proving the LA has been negligent.

Really the agent should only take a fee from rent received - if he does not collect the rent then no fee is payable - its therefore in his interest to chase the rent so he gets his fee.