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View Full Version : Incompetent Letting Agent- what rights does T have?



hackett
07-10-2010, 13:18 PM
Ok so I really need to vent some frustration about the estate agents I have been dealing with whilst moving into my new flat (rented).

For note, it was advertised as a two bed room apartment, with two secure parking spaces, and we were due to move in on the 1st October ( I wanted to move in on the 7th, but they put a bit of pressure on to move it forward).

So me and my housemate pay our deposit and first months rent upfront a couple of days before the 1st.

I get a phone call two days before we are due to move in from someone at the agency saying that the car parking fobs had not been sorted out ( they had sent a cheque that day to the management firm who own the complex) and didn’t expect them to be able to turn it around for Friday. So I’m pissed that I’m not going to be able to park my car securely until these new fobs arrive.

On the Day I am due to move in, I get a phone call saying that actually, they don’t have the car parking fobs OR the fobs to get into the complex, just the keys to get into the actual front door of the apartment. So I’m even more pissed because I have packed all my stuff and gone to work, expecting to pick the fobs and keys up on my lunch and move in that evening. If I hadn’t have had somewhere to stay id have been effectively homeless. Which is what I told them, but they weren’t arsed. I moved my stuff in regardless, having to buzz other tenants to get them to let me in, something I’ve regrettable had to do ever since. Also I was supposed to be given two sets of keys (one for me one for the housemate) but as it turns out only one of the keys works on our front door. The rest seem redundant.

I was told it would be October 6th when the fobs would be ready. At this stage I kick off about them taking so long to sort this out and that sending a cheque two days before I was due to move in was ridiculous. They are now denying this is what happened and it was Management Company dragging their feet.

It gets to Tuesday and the estate agents can’t get in touch with anyone at the management consultancy, when they do, they are told it would be October the 8th when the fobs would be ready! At this stage I’m having a mental breakdown.

Today has arrived and the fobs have been delivered to work. We have two fobs now to get into the complex, but they have only brought me ONE fob for the car park. I’ve rang them to let them know and I’m waiting to here back from them.

Throughout all this there has hardly been even a hint of an apology for the massive upheaval this has caused.

I don’t know where I stand or anything but id expect some sort of compensation. They have agreed to start the rent today instead of the 1st October. What would you do? Would you make a formal complaint?

Arghhhhh.

theartfullodger
07-10-2010, 13:31 PM
a) Your contract is between you & the Landlord: The agent is just that, an agent, and an agent of the landlord at that.. so,,, Write a calm, sober & brief letter, send by mail or email to agent & landlord, keep copy, listing issues and asking for the landlord's action plan. Give then a week. If you can't write a calm, sober letter today (I can understand why) then write the draft today, put it on one side for 2 days, then rewrite & then send it.

b) Sadly to become a letting agent in this fair country there is need for ...

- no qualifications, not even a failed GCSE in media studies
- no regulation by any government body
- no membership of any trade body (but if they are try complaining to agent and then trade body)
- no Criminal Records check (!!)
- nope, nowt...

Anyone (anyone!!) reading posts here could become a letting agent within a few hours...

The new government has decided not to regulate agents:

Hope it works out


Artful

hackett
07-10-2010, 13:38 PM
a) Your contract is between you & the Landlord: The agent is just that, an agent, and an agent of the landlord at that.. so,,, Write a calm, sober & brief letter, send by mail or email to agent & landlord, keep copy, listing issues and asking for the landlord's action plan. Give then a week. If you can't write a calm, sober letter today (I can understand why) then write the draft today, put it on one side for 2 days, then rewrite & then send it.

b) Sadly to become a letting agent in this fair country there is need for ...

- no qualifications, not even a failed GCSE in media studies
- no regulation by any government body
- no membership of any trade body (but if they are try complaining to agent and then trade body)
- no Criminal Records check (!!)
- nope, nowt...

Anyone (anyone!!) reading posts here could become a letting agent within a few hours...

The new government has decided not to regulate agents:

Hope it works out


Artful


Thank you for this. So it is the Landlord I need to complain too. I think he will be just as angry with the estate agents as he has lost out on a weeks rent. What is a Landlord's 'action plan'?

Also, since all my dealings have been with the estate agents, I have no idea who the Landlord is.....should the estate agents give me these details?

( in the tenancy agreement, the landlords name is stated, however his address is listed as the address of the Estate Agents) with a note saying - under s.48 , Landlord and Tenant Act 1987, notices can be served on the Landlord at the above address.

theartfullodger
07-10-2010, 13:44 PM
(Anyway) Write letter to agent asking, under Landlord & Tenant Act Section1 for landlord's full name & address: They have 21 days to respond.

Nothing to stop you write to LL c/o agent...

I would write a common (the same) letter to agent/landlord ... The action plan would be (eg ) "I want £150 compo for delay in getting in & only one key". Some might doubt you'll get the money btw.. Remember a landlord can simply give you notice2quit at end of fixed term if he decides you are too much like hard work...

If you have £4 to spare check up on land registry for owner's name & address.. see
http://www.landregistry.gov.uk/www/wps/portal/!ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gfN1MTQwt381BD_2A3A0 8LT2cL49AwIwMDY6B8JB55Q2J0G-AAjgYEdIeDXIvfdpA8HvP9PPJzU_ULckMjDLJMFAF9iqN5/dl2/d1/L2dJQSEvUUt3QS9ZQnB3LzZfTEY1NDE4RzdVMU9TRjBJOElDOD NVVjIwRzI!

- it will also tell you if there is a loan/mortgage on the property. If the address given is that of the property be aware that is consistent with the landlord not having told the lender that he is renting out... (but just may be innocent..). If it is the property address he's a very dumb landlord as that makes it so much easier to steal his identity or, indeed, take out another loan on the property.. Of course nobody posting here would do such a thing, aye........

Cheers!

Artful

hackett
07-10-2010, 13:47 PM
also its probably worth adding:

in this case we are not dealing with letting agents, they are (I think) the management agents of the property and as such they owe us a duty to fulfil the obligations of the contract we agreed upon. The Landlord (owner of the property) will simply receive the rent from the property. In return for a commission . the management agents undertake all landlord duties.



Furthermore regardless of whether there are any official regulatory bodies governing letting (or management) agents, the company itself should have its own standards to uphold, and processes in place to deal with complaints, wouldnt you think?

sb247
08-10-2010, 11:09 AM
b) Sadly to become a letting agent in this fair country there is need for ...

- no Criminal Records check (!!)


Apologies for going off topic, but i thought there was a criminal records check or is that only if you want to be/joined a company that is part of a regulated body?

leaseholdanswers
08-10-2010, 14:30 PM
In defence of managing agents its a regular occurence to be called on Friday lunchtime by gormless agent normally what I call an Interchangeable Emma or Edward expecting fobs/ main entry keys to be sent in a matter of hours free of charge at their convenience, followed by an angry landlord who refuses to gives theirs up fails to understand that the agent is at fault as this does not solve his problem, and blames the managing agent as the problem.

Sending a cheque two days before moving in when they have been marketing and showing the property for how long?

Training maxim A LACK OF ORGANISATION ON YOUR PART DOES NOT CONSTITUTE AN EMERGENCY ON HOURS" but if you ask politely we'll try and help.

Its the landlords own fault for relying on an agent. He might not know the notice for this or that but getting in and out of the flat is pretty basic especially when you are the only one with the fobs...

dominic
12-10-2010, 14:28 PM
Was there an errant H in that last post?

jeffrey
12-10-2010, 14:35 PM
Maybe- I was wondering whether 'on hours' might mean something like 'out of hours'!

duffty
14-10-2010, 12:34 PM
might sound like an obvious question but how did you view the flat if they haven't got a key?

if you have signed a contract to occupy and they haven't given you a fob / access to the parking spaces then i think you would have a right to claim any damages as a result of the owner not being able to fulfil his bit of the contract. you would have a right therefore to reclaim any costs of parking etc and also for the inconvenience of not being able to enter without buzzing someone else first.

trying to pass the buck to the managing agents is not an excuse. if they have (on behalf of the owner) contracted to let the property to you and you can't use it you are right to be peeved.

leaseholdanswers
17-10-2010, 10:49 AM
Maybe- I was wondering whether 'on hours' might mean something like 'out of hours'!

Sorry another rant it should have read "on ours".

Being a Friday and just that lunchtime having had to take a call from a disgruntled client/resident wanting to "speak to the manager MD etc etc" from a then tearful property manager after a mornings barrage from a brainless bullying letting agent, I was a little frustrated!

Starting out in agency, if I had ignored such a common sense step as ensuring proper access arrangements, rather than attack a block manager I would seek their help, rather than demand as of right.

If I had to involve my manager, I would have got a right bollocking, rather than be supported and treated as a victim of someones refusal to drop everything and resolve their mistake.

My client understood called his agent a lying scum bag offered to do the running around and made the letting agents manager call my staff and apologise and send flowers which arrived shortly after my post!