Letting Agent - Unwanted tenants

[yasmin2]

Hello,

I have a house that I wanted to let out through a letting agency. I gave keys to the property to several agencies so that they could organise viewings but had not asked one to act solely for me or signed anything. I have come back to the property after several days to complete some decorating/pick up last of belongings to find that one of the letting agents has already moved someone in. I do not want these people as tenants as had already organised others and hadn't thought that letting agents could do that - ie move in tenants without agreeing a price, informing landlord.

I have been in contact with the letting agents who told me they had left the msg on my phone - not received - and surely they would need to talk to me directly. Also they say they called me tues and moved in tenants weds. Is this allowed?
The letting agent said he had signed the contract on my behalf but I had not given permission and neither was the contract outlined to me.
They don't have any bank account/contact details for me.
He is now saying that I gave him verbal permission to move someone in as quickly as possible. This is not so. I said I wanted the property occupied quickly as better than left standing empty and mortgage gets paid. But this was when property was ready.

My belongings were still lying around, the decorators tools were lying around everywhere - how could they have moved someone in when the house was not ready. Also I had not arranged the landlords insurance to start until later on as an illustration that I didn't want the property let out last week.

When I went around to the house, the tenants don't speak any English and the guy who signed the tenancy always seems to be out. The letting agent keeps fobbing me off with that the main tenant is at work, won't be back till eight by which time he has finished work and unavailable to go around and talk. The letting agent tells me he wants an amicable solution.

Can anyone tell me what to do next. I am going back to full-time study next month and just don't need this hassle. Thats why I went through a letting agent that I thought I could trust. I cannot consider letting them continue this tenancy as I don't feel that I can trust them anymore - they lie to cover their own backs and I find that their behaviour/language towards me is unsuitable.

I also want to spend as little money as possible as I have some set aside in case of vacant rental periods.

Can I report the letting agent to anyone?

Thank you in advance for any help/replies..

[Worldlife]

See similar thread in Rental Property Questions AST signed against landlords wishes (http://www.landlordzone.co.uk/forums/showthread.php?t=3171)

In that case the landlord had given clear instructions, in writing, to the agent.

Is your agent a member of the appropriate professional body to which you might be able to make complaint?

[islandgirl]

Yasmin - it is amazing that you are in the same mess as me. I will keep you informed of what happens and would ask you to please do the same for me. I had told the agent in writing that I was to sign the AST (not him) and detailed the full terms under which he was acting for me. He has ignored all of this but I do have it in writing and will be taking action tomorrow. Good luck and keep me informed please!

[yasmin2]

Thank-you, vic.

[yasmin2]

islandgirl,
I have been calling the letting agent every day, attempting to get some response. I was hoping that I would be able to get this resolved amicably but it doesn't seem likely as the letting agent is never in for my calls, never returns them and is quite patronising when I finally get them on the phone. I think they thought I would just allow them to bully me into submission - not likely!!!
I managed to speak to them today with little success. He said he would look into this but little success. I think I am going to go down the solicitor route as I feel they are just trying to fob me off. I spoke to another letting agent informally and he told me they are known to do this so hopefully the solicitor's letter will work.
any other suggestions will be welcome..
Let me know how you get on...
regards,
yasmin

[islandgirl]

Hi Yasmin - good to hear from you. I have spoken to the solicitor and they say that as there has not yet been any loss it would be difficult to sue. They agree that the agent should not have put anyone into the house but we have not yet suffered a loss. They say we could ask for return of fees. The tenant has now gone into my house with no inventory. I am going to ring the tenant and see them tomorrow and ask if they will do one to protect us both. I have also written to the agent saying I want his fee back and I will hold him liable if the tenant will not go following service of a section 21 (both court costs and rent). It seems we have both been treated terribly by awful agents but have little legal grounds for recourse unless there is a loss at the end of the tenancy period. Good luck and keep me informed pls

[Paul_f]

Has either of you made a formal complaint to their regulatory body if either agent belongs to one? They are potentially in breach of their Rules of Conduct.

[islandgirl]

Hi Paul F - mine does not belong to one. I would have insisted on this if I had intended to allow the agent to sign an AST or to manage the let but I was supposed to be in control of everything at all times so thought it was less important.

[Paul_f]

I've said this before umpteen times and I repeat, NEVER, EVER, USE A NON-REGULATED AGENT as you won't enjoy any protection whatsoever!

[islandgirl]

Paul F - you are right - sound advice
I think regulation should be compulsory - that would soon sort out the cowboys like my agent

[yasmin2]

Hi Islandgirl,

I have managed to speak to one of the letting agents who I am beginning to think is seeing what I am getting at. Today was the first time that they weren't rude or trying to fob me off (I think) though haven't arrived at any resolution. Basically the letting agent told me that they are good tenants, have been referenced and are covered by the rent guarantee scheme and I should just let them carry on.

Whilst I am tempted to (I start uni in three weeks) I'm just not sure as I wonder if they can do this to me now, what will they be like when I am miles away and problems arise. Also I feel that any relationship based on trust has broken down. But at the same time, i can ill-afford the money that will be required for solicitors but I don't see how letting agents can act without one's authority. Admittedly, the guy I spoke to today has always been upfront with me and was away on holiday last week. He says that I will not have to deal with the guys I spoke to last week, just him from now on but they are all part of the same company...

What also concerns me is that I put nothing in writing (I know, very naive - I have learnt my lesson) and I wonder what the burden of proof is in terms of permission. I have read that verbal instructions are regarded as the same as written but it is one person's word against anothers. They could just continue and say that I verbally agreed to someone moving in.

Will it be less hassle for me to continue through with this (and go to a different letting agents when the tenancy has ended) due to time and financial constraints? But my concern then is what happens if they act without my permission once again.

I would appreciate any comments. This has been a huge learning curve but I just want to resolve it with as little hassle as possible.

warm regards,

yasmin

[yasmin2]

I've said this before umpteen times and I repeat, NEVER, EVER, USE A NON-REGULATED AGENT as you won't enjoy any protection whatsoever!

Hi, with the benefit of hindsight I have learnt my lesson. I will check tomorrow :rolleyes:

[islandgirl]

Hi Yasmin - we are both in the same boat I think. I would write to agent if I were you as I have done saying he acted against my wises. Demand his fee back and say you will hold him liable for losses.
I would personally sack the agent and hand management to another if you cannot do it yourself. They are clearly cowboys as are mine. If they have no financial hold over you why not. I would like to see them try to sue you when they have behaved so unprofessionally. Mad though it seems, we both seem to have no way of removing these people from our houses.