Letting agent problems

[Steve_wright_uk]

My letting agent has rented out my property at a different rental level to that which we agreed. There was nothing in writing to say what was agreed and they claim a letter was sent explaining why it was different - although I never received this!!!

How do I stand on this legally, I feel like I am a bit stuck as the tenents have been really good so I don't want to lose them, they signed the 12 month contract in good faith and so currently don't know there is an issue.

Talking to the agents is becoming an issue too, it took me 3 weeks (and over 20 voicemail messages)to get hold of them to highlight a problem as they never answer their phone and rarely return my calls

Any advice would be greatfully appreciated.

[eagerlearner]

Hi Steve,

I am a tenant rather than a landlord, but suggest going in to their offices if you are able? If it means taking a day off, at least they know that if they ignore your calls you will be in their face pretty soon in person.

I have recently had problems as a tenant with the letting agency - I went there one lunch and have also called with no-one returning my calls. So I have started to fax and e-mail as well as call, plus promised them on the phone I would call them on the hour from then on if no-one called me back. It worked and yesterday one of the Directors called me. This relates to a different post I have on here - with an evasive landlord that will not return deposit. LA are not pushing landlord too much to return the deposit as she pays them to collect rent on other properties so we are stuck...

Good luck!

[Poppy]

Are you using a tenancy agreement supplied by the letting agent? Did you specify the terms and read it before you signed it?

[Steve_wright_uk]

The original tenancy agreement was for 12 months which has now expired.

A new tenancy agreement for the next 12 months has now been offered without my viewing and at a different value to what we had verbally agreed.

I did read the original and agreed to it, I have not yet read or agreed to this one but it has now been issued and signed by the tennants.

[Paul_f]

Oral instructions to an agent are deemed to be enforceable according to the OFT - it is now acceptable that agents must act on oral instrucitons and they should confirm them in writing with the client.

I would suugest you write to the agent, refer to your conversation with them, and tell them you expect the difference to be made up by them out of their own pocket for not following your explicit instructions. They will try to fob you off so cancel your agency if they don't play ball. They can't make any further charges if they are in breach of their agreement with you after you cancel, and you can instruct the tenant to deal with you directly. Also get the tenant to instruct the agent to send you their deposit if you do cancel with them.

If you have a written terms of business with the agent then refer to it, if not then the onus of proof would be upon the agent as they are deemed to be the "professionals", therefore "experts" and you are just a layperson.

If they are members of any of the regulatory bodies then you can complain to the Ombudsman.

[The Agent]

You havent actually said at what rent your agent had issued the new Tenancy Agreements. Was it higher than the first years rental. Were you always contactable.

[Steve_wright_uk]

You havent actually said at what rent your agent had issued the new Tenancy Agreements. Was it higher than the first years rental. Were you always contactable.

The property has had a number of improvements made, windows, kitchen, carpets etc so a higher rent had been agreed (still keeping this below the average for a property of this size in this area, and only an increase of £20 per month)

It is only now that we have started the new period and the rent has remained unchanged that they told me they decided not to change the rental level.

Oh, and yes I was always contactable, if I have ever missed a call, i've always called them back within 24 hours.