storm Posted April 15, 2008 Report Share Posted April 15, 2008 Hi I have been letting for 2.5ys with one agent as I have been travelling. From the beginning useless, but too many problems to list here. In a nutshell, continually Instructing maintenance works to be carried out instead of contacting my maintenace team, not replying to emails whilst I was out of the country rent being late or in part payments. The latest is the boiler went down at Xmas, Letting Agents got their emergency man to deal with instead of bothering to contact my people, because it was xmas. When we found out more than 1.5 week later, I advised I wanted my trusted workmen to take over, (I really do not trust my letting agents), at which point thier man cancelled the order of a pump, meaning we had to re-order. Apparently an old boiler, so total time of no hot water/heating was about 5 weeks, although I did everthing to ensure it was as quick as possible. Am advised by the Letting agent that the tenant is withholding rent as he didnt have heating and hot water. Letting agents assures me he is chasing it as arrears whereas the tenant tells me the letting agent agreed to the sum (obviously without my permission). I agree that the tenant is due some "compensation" but am at a loss as to how to work out what would be fair to us both!! I cannot ask the letting agent as I have recently found out that he knows the tenant personally outside of the contract. Additionally the letting agents have instructed a Gas Safety check on the property - they claim they informed me of this, and forwarded a copy of a letter (i never recieved). It was dated December 2007. So it seems they have also let my property go without a Gas Safety check from Dec til April??? In total I wish to reclaim the costs of what my letting agents have costs me, plus refund for fee's as they have not done thier job for the majority of my contract with them. Fully managed but no quarterly inspections carried out either... How is the best way to go about this, and what is a fair and reasonable figure to agree with my tenant regarding the lack of heating & hot water?? Please help.. im at the end of my tether...... Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted April 15, 2008 Report Share Posted April 15, 2008 Did you have maintenance arrangements agreed in writing, if so sue LA for losses, if not you are on a sticky wicket.... How much does T want as compo ? (good place to start negotiations !) Withholding Full rent is completely unacceptable and you need to put provision in your ast to prevent this from happening again..... £5 per day late payment fees , weekly admin letter charges, interest and Debt collector action when acc is more than x days in arrears ....this is nothing more than being organised and professional .................and is a good deterrent for people trying this approach with rent money .... My answer to these T "yep withhold as much as you like for as long as you like .....but it is going to be very expensive for you to do this. Now let us discuss whatever you feel the problem is ...." The Rodent The Rodent Link to comment Share on other sites More sharing options...
Trenners Posted April 15, 2008 Report Share Posted April 15, 2008 Hi storm, I think it is easy to blame the letting agent ... However, you have asked the agent to provide a "fully managed" service but, at every turn, you are getting personally involved in the maintenance of the property (thereby undermining the letting agent and causing your tenant to have poor customer service). So, it is not TOTALLY the letting agent's fault ...... I think the simple solution to your problem is to tell the agent that you want a "rent collection only" service - at a reduced fee - and then inspect and maintain the properties yourself .... Best Wishes Mark Link to comment Share on other sites More sharing options...
storm Posted April 15, 2008 Author Report Share Posted April 15, 2008 Hi I have been letting for 2.5ys with one agent as I have been travelling. From the beginning useless, but too many problems to list here. In a nutshell, continually Instructing maintenance works to be carried out instead of contacting my maintenace team, not replying to emails whilst I was out of the country rent being late or in part payments. The latest is the boiler went down at Xmas, Letting Agents got their emergency man to deal with instead of bothering to contact my people, because it was xmas. When we found out more than 1.5 week later, I advised I wanted my trusted workmen to take over, (I really do not trust my letting agents), at which point thier man cancelled the order of a pump, meaning we had to re-order. Apparently an old boiler, so total time of no hot water/heating was about 5 weeks, although I did everthing to ensure it was as quick as possible. Am advised by the Letting agent that the tenant is withholding rent as he didnt have heating and hot water. Letting agents assures me he is chasing it as arrears whereas the tenant tells me the letting agent agreed to the sum (obviously without my permission). I agree that the tenant is due some "compensation" but am at a loss as to how to work out what would be fair to us both!! I cannot ask the letting agent as I have recently found out that he knows the tenant personally outside of the contract. Additionally the letting agents have instructed a Gas Safety check on the property - they claim they informed me of this, and forwarded a copy of a letter (i never recieved). It was dated December 2007. So it seems they have also let my property go without a Gas Safety check from Dec til April??? In total I wish to reclaim the costs of what my letting agents have costs me, plus refund for fee's as they have not done thier job for the majority of my contract with them. Fully managed but no quarterly inspections carried out either... How is the best way to go about this, and what is a fair and reasonable figure to agree with my tenant regarding the lack of heating & hot water?? Please help.. im at the end of my tether...... Link to comment Share on other sites More sharing options...
storm Posted April 15, 2008 Author Report Share Posted April 15, 2008 Wow thanks - quick response. Yes I did agree a Fully Managed Package less maintenance, in writing with the agents with a clause for them to carry out works without authorisation from me under £100. They fail to bother contacting. The tenant is withholding half of the rent for the lack of heating and hot water, is this fair & reasonable to both of us? The excuse the LA give for not contacting me until more than 1.5wks later was that it was xmas, and the tenant got directed to an emergency no as they were shut for the xmas period. Fine, but im not sure I stopped paying them fee's for the xmas period or that my contract with the LA ceases to exist because it is xmas?? If it looks like i am being unfair to the LA it is because I have paid them to provide a service and contact me if there are problems, for 2.5yrs whilst I have been out of the country I have experienced more than alot of stress because of them. Thanks for your comments Link to comment Share on other sites More sharing options...
GPEL Posted April 15, 2008 Report Share Posted April 15, 2008 Doesn't quite add up. If you gave them authorization to complete minor repairs then the first you'll hear about it is after the work and see it on your statement. If a gas check is needed and you didn't respond they get it done acting as agents of necessity to stop both you and them getting prosecuted and checking the tenant's safety. Agreements are there in writing to ensure there is no misunderstanding but I read this that you're expecting something more. Did your agent pass on your maintenance teams contact details to your tenants before Christmas to call during closure. Go thru your contract with them line by line and pull out the bits that haven't been dealt with and dispute it with them properly. Two and a half years is a long time to wait before complaining. Link to comment Share on other sites More sharing options...
J4L Posted April 15, 2008 Report Share Posted April 15, 2008 If you have a signed contract that authorises the LA to deal with issues regarding the property (fully managed) it 'should' contain a clause giving them authority to perform tasks under a certain amount of £'s. It appears that you did, so why complain if they have been doing this? Any such agreement 'should' give details of your agreed £'s, your preferred workmen, and instuctions that THEY be contacted in the 1st instance. If you agreed that they could spend up to £100 then why 'should' they contact your guys if theirs are more reliable and they know them? They are acting on your behalf and 'need' to get the job done. Christmas period should not be a problem as long as your agent has records that the particular company had been contacted and has not responded. (difficult one this I know) but if the LA hasn't been able to contact your guys then they do have a duty (especially in an emergency) to correct any faults that arise. Personally I'm gonna put my rep on the line here and guess that the LA has a 'friend' in the T, also possibly has an 'INTEREST' in the company that performs his works and is fleecing you when ever possible because you are 'out of the country' Go with Mark's suggestion and either give notice to the agent or just ask for a 'collect rent only' contract and give the T details of workmen to contact should it all go t**s up! Link to comment Share on other sites More sharing options...
storm Posted April 16, 2008 Author Report Share Posted April 16, 2008 I have complained continuosly whilst re-iterrating the maintenance contact issue (which is in the contract) since they have been working for me. I have had contact with no less then 16 different staff members of the LA in 2.5 years. They tend not to bother to reply to my emails or questions asking for my rent. I figured i would deal with the issue properly on return to the country and with all the documents/people to hand ie tenants/ LA. What does it mean if they did send a notification for the Gas Safety renewal in December (not recieved) last year and it has only been carried out last week?? I would imagine that the LA did not pass on my emergency contact details to the tenant for the xmas period, seeing as they were not contacted. The LA have already told me they didnt attempt to contact my workers over xmas, but had a general emergency no on their hot line as the office were closed for that period. In the first instance of not contacting my tradesmen - i find it impossible that leaving 3 mobile numbers, 1 personal, 2 business & personal, and 2 home telephone numbers (5 nos total) they couldnt get through, more like didnt attempt! I know 2 of these mobiles are never off! I want then advised by the LA of the date they claim they tried to call until more than 3 months later meaning i could not have the call registers checked! J4L i think has hit the nail on the head. I have heard of these scams & feel i am a victim. Any ideas on the fair figure for the rent withhold??? Cheers Link to comment Share on other sites More sharing options...
GPEL Posted April 16, 2008 Report Share Posted April 16, 2008 Ditch your LA & offer the tenant one quarter on one days rent for each day of loss of heating & hot water to compensate for loss of facility & inconvenience. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted April 17, 2008 Report Share Posted April 17, 2008 Ask T what he consideres "fair" he may only want £50 ..................B4 suggesting a fig ..... Put the ball in his court then go from there The Rodent Link to comment Share on other sites More sharing options...
storm Posted April 18, 2008 Author Report Share Posted April 18, 2008 The tenant has suggested half a months rent, and already deducted such from the payments. GPEL Is the 1/4 day rent for each day a standard or suggested rate used in the industry???I dont want to quote this figure if I have nothing to back it up with and no basis for that figure?? Thanks Link to comment Share on other sites More sharing options...
GPEL Posted April 18, 2008 Report Share Posted April 18, 2008 It is generaly accepted in the industry that this is reasonable, however, as Simon says, offer something lower to start. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted April 18, 2008 Report Share Posted April 18, 2008 If 5 weeks then just over a month .... So @ 50% not an unreasonable starting point .....so i would offer 20% and with the aim of settling at 25% .......but would go the full 50% if he is good T and likely to stay .... The Rodent Link to comment Share on other sites More sharing options...
simhar Posted April 19, 2008 Report Share Posted April 19, 2008 Sounds fair to me! Link to comment Share on other sites More sharing options...
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