Yahoo Posted March 28, 2011 Report Share Posted March 28, 2011 Hi My letting agent is a member of TPO (the Property Ombudsman). Tenant placed by them left owing 2 and 1/2 months rent and caused damage etc. I was abroad at start of tenancy. I accepted confirmation from agents that tenant had passed all checks relating to employment, credit, previous tenancies etc though I didnt see them myself. Neither did I meet the tenant. I was on a full management service with the agent. Subsequently, tenant (who'd paid late each time pretty much from the start) stopped paying altogeher from November 2010 till he moved out in Feb 2011. He claimed as the boiler broke down he was refusing to pay rent. The boiler issue went on for over a month before it was fixed due to a combination of the agent being incompetent, a few visits where engineer had wrong parts and a few visits where tenant failed to attend and give access to engineers to make the repairs and there was a wait for another appointment. In this period, I took over the repair issue myself and attending an engineer visit found the tenant had set up a cannabis facility in one of the bedrooms, sealing up the windows and terrible mould had developed all over the flat. Wrongly now I believe - I didnt tell the police or the agent for fear of the tenant's reprisals. I got agent to serve him notice and he left. I did contact police after (though it was too late as no physical evidence though I took pictures) and tenant was apparently 'known to them'. I started to question the references the agent had apparently got. They sent me a report from a company called LettingRef.com. I couldn't fully understand the reference though it showed 'medium risk' - but on the lower scale. The addresses on it showed the guarantor address who was tenant's mother, only listed 1 year's tenancy history and had a note that verifications were by mobile phone. I wasn't feeling satisfied about the checks done. It also transpired that 1 or 2 months in to the tenancy the tenant had apparently started claiming benefits which the agent knew and didnt tell me. I had not wanted DSS tenants. There were other issues about the agent - they refused to answer correspondence, said they'd carried out works they billed me for that I found they hadn't, did not return an un-used 'management float' they'd taken at start of tenancy, took closing inventory when all the tenant's stuff was in there and missed things. They actually changed the locks to get the tenant out (of their own doing) which isn't legal is it. They then got all the deposit back from the TDS and deducted cost of changing locks and cost of removal of tenant's things before remitting me the balance. Anyway, I started a complaint against them. I've started with a complaint to the agent first and if not satisfied will refer to TPO. I want to see what financial redress I can get going after the agent first. Then, I'll be appying to court for the arrears & repairs from the tenant. Has anyone had any dealings with TPO? How biased or unbiased are they in favour of their members? Also how can I trace the tenant? Cheers Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted March 28, 2011 Report Share Posted March 28, 2011 There are a number of issues here i have added my thoughts in bold. Hi My letting agent is a member of TPO (the Property Ombudsman). Tenant placed by them left owing 2 and 1/2 months rent and caused damage etc. I was abroad at start of tenancy. I accepted confirmation from agents that tenant had passed all checks Not all agents checks are the same, some are stricter than other did you ask what the checks would be? relating to employment, credit, previous tenancies etc though I didnt see them myself you can request copies. Neither did I meet the tenant. I was on a full management service with the agent. one agents full management can change from another but any services will be in the T&C'S you signed with the agent Subsequently, tenant (who'd paid late each time pretty much from the start) stopped paying altogeher from November 2010 till he moved out in Feb 2011. He claimed as the boiler broke down he was refusing to pay rent. The boiler issue went on for over a month before it was fixed due to a combination of the agent being incompetent, a few visits where engineer had wrong parts (not the agents fault) and a few visits where tenant failed to attend and give access to engineers to make the repairs and there was a wait for another appointment Not the agents fault. In this period, I took over the repair issue myself and attending an engineer visit found the tenant had set up a cannabis facility in one of the bedrooms, sealing up the windows and terrible mould had developed all over the flat. (Were inspections included in the management? Some agents charge extra) Wrongly now I believe - I didnt tell the police or the agent for fear of the tenant's reprisals. I got agent to serve him notice and he left. I did contact police after (though it was too late as no physical evidence though I took pictures) and tenant was apparently 'known to them'. I started to question the references the agent had apparently got. They sent me a report from a company called LettingRef.com. I couldn't fully understand the reference though it showed 'medium risk' - but on the lower scale. The addresses on it showed the guarantor address who was tenant's mother, (not uncommon for a relation to be a guarantor but good practice is to get a home owner) only listed 1 year's tenancy history and had a note that verifications were by mobile phone (good practice is to get it in writing but not always possible). I wasn't feeling satisfied about the checks done. It also transpired that 1 or 2 months in to the tenancy the tenant had apparently started claiming benefits which the agent knew and didnt tell me Would you have given notice if you had known and was the rent been paid to start with.). I had not wanted DSS tenants (Was it on file?). There were other issues about the agent - they refused to answer correspondence, (not good) said they'd carried out works they billed me for that I found they hadn't, (can you prove this because you will need to to make a claim) did not return an un-used 'management float' Ask for a statement of accounts) they'd taken at start of tenancy, took closing inventory when all the tenant's stuff was in there (had the tenant abandoned the property?) and missed things. They actually changed the locks to get the tenant out Or was it because the tenant had abandoned the property because if so they were looking after your interests and securing the property (of their own doing) which isn't legal is it. Not if they were still living there) They then got all the deposit back from the TDS and deducted cost of changing locks and cost of removal of tenant's things before remitting me the balance (wouldnt you have had to pay this anyway? But they should have spoke to you first). Anyway, I started a complaint against them. I've started with a complaint to the agent first and if not satisfied will refer to TPO. I want to see what financial redress I can get going after the agent first. Then, I'll be appying to court for the arrears (It is not the fault of the agent that the tenant chose not to pay the rent) & repairs (Agent didnt do the damage that is what a deposit is for) from the tenant. Has anyone had any dealings with TPO? How biased or unbiased are they in favour of their members? Also how can I trace the tenant? Cheers You need to read the T&C's you signed to clarify exactly what the agent didn't do that you paid for. Link to comment Share on other sites More sharing options...
Yahoo Posted March 28, 2011 Author Report Share Posted March 28, 2011 Thanks a lot Speedtwin for your reply. To clarify some of your points: Not all agents checks are the same, some are stricter than other did you ask what the checks would be? You can request copies. As I say, got this LettingRef.com report which doesn't look thorough or sufficient. I expected checks on identity, employment, previous tenancy, credit. I didn't ask exactly the process and methods that would be used. Per TPO the checks should have been diligent, appropriate, relevant with verification of reference provided directly by the tenant themselves. I'm still to be satisfied of this. Seeing to repairs efficiently. Not the agents fault. In full management they were to deal with day to day repairs and I'd provided all the contacts numbers etc. I also offered to attend the appointments if they set it up & let me kmow. After 5 or 6 weeks, in frustration I took it over myself and got the thing fixed within 3 days. (Were inspections included in the management? Some agents charge extra) Inspections were included and the 2 apparently carried out had a one box tick of 'good condition'. I only got them after the problems so they could have just cobbled them together, I can't prove it. (not uncommon for a relation to be a guarantor but good practice is to get a home owner) This wasn't the issue. The issue is address history didn't list old tenancy address(es) only the guarantor's who was tenant's mother. And apparently the tenant had been in a tenancy that ended 2 months before my one began - a landlord was listed. So where was the address? Isn't this suspicious Would you have given notice if you had known and was the rent been paid to start with.). I had not wanted DSS tenants (Was it on file?). I would have given notice at the break clause of 5 months. When agent was offering tenants in the search phase I declined DSS and said I didn't want DSS. I don't know if it was on file. I used them as a one-off. We weren't in a long-term arrangement. Tenant paid on time first 3 months. said they'd carried out works they billed me for that I found they hadn't, (can you prove this because you will need to to make a claim) Yes I have emails asking if the work had been done and they confirmed by email that it had. When I visited the property I noticed it had not. They actually changed the locks to get the tenant out Or was it because the tenant had abandoned the property because if so they were looking after your interests and securing the property Notice was served and he didn't leave. The next day, agent informed me they changed the locks, while he was out and all his stuff still there, presumably as a method to get him out. I didn't instruct this and they have no right to deduct costs for it and for tenant's removal. As you say the deposit is insurance against breach of agreement between landlord & tenant. I wondered if anyone has experience with the Property Ombudsman? (Agent didnt do the damage that is what a deposit is for) (It is not the fault of the agent that the tenant chose not to pay the rent) Yes I will have to go to court for these. How do I trace the tenant's new address and any tips on preparing the case - rent is clearcut but the repairs - what kind of proof/evidence? Ta Link to comment Share on other sites More sharing options...
Trenners Posted March 30, 2011 Report Share Posted March 30, 2011 Hi Yahoo, I broadly agree with Speedtwin. I do not think, on the whole, your agent has let you down. They found you a tenant and outsourced the vetting process to LETTINGREF (this is standard practice in the letting industry)and they passed as a medium risk. They got a guarantor to be ultra-safe and the tenants were working at the start of the tenancy (so the letting agent did not sign up DSS tenants as per your instruction). It is not the LA faults that the tenants lost their jobs and became DSS tenants .... there are going to be a lot of people in this situation over the coming months as the austerity measures begin to bite. The agent managed the property and organised repairs .... however it does appear that the tenant was without heating for a number of weeks / months. Some of this delay was caused by the tenant, some by your repairmen .... but none of the delay was caused by the letting agent. IF I WAS YOUR TENANT ... I would withhold rent because of lack of heating if you didn't get it fixed within a few days during the winter ...... Additionally, acting in your BEST INTEREST, the agent authorised the locks to be changed at the property. This does, indeed, break tenancy laws ... but he was doing it so that YOU could get the property back. It had the desired result..... and the tenants left ..... and it is not unreasonable for the letting agent to deduct these costs from the Security Deposit ...... And what thanks does the letting agent get from you ? ..... Well NONE actually ..... just lots of complaints and now he is going to have to deal with Ombudsman as well ...... GREAT! In summary - you are chasing the wrong people .... it is the TENANT that has let both you and the Letting Agent down ........ and not the Letting Agents fault at all. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted March 30, 2011 Report Share Posted March 30, 2011 I also think (on the info supplied) that the agent hasn't been all bad. Yes it looks like the communication could have been better, he also took a risk in changing the locks but you are partly to blame for just assuming the agent was to do certain things without clarification. If the heating was fixed quicker, if he didnt go on benefits, if his communication was better would have the outcome been any different? Link to comment Share on other sites More sharing options...
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