prhomes Posted March 19, 2012 Report Share Posted March 19, 2012 We have let out our House through a reputable Letting Agent, who used the services of a (well known) referencing Agency. This tenant has turned out to be the tenant from Hell and they have abandoned the property leaving over £10k of damage as well as a trail of unpaid Utility and Council tax bills. We have now been sent a copy of the Agencies report, by the Letting Agent, which as far as i am concerned, have a number of things that should have at the very least raised serious questions about their standing/legitimacy. It is apparent that the Employers and previous Landlords references were fake, and appear to have been taken on face value by the Agency, without any attempt to check. In addition, there are concerns about the bank accounts, and for one of the tenants, the Agency even had the incorrect applicants bank details attached. The Agency Report, commissioned by the Letting Agent stated that proof of Identification and residency must be retained and held on file - it transpires that neither proof of residency nor proof of ID have been taken before the tenants took possession of the property My question is - Is it a legal requirement for proof of ID to be taken and is there a duty of care that the Letting Agent/referencing Agent owe us when carrying out tenant checks? Thank you Link to comment Share on other sites More sharing options...
Guest caravanj Posted March 19, 2012 Report Share Posted March 19, 2012 What firm did the credit checks & who was the letting agent? The vetting firm are supposed to check all references & information supplied by the T otherwise there's no point to the process. Link to comment Share on other sites More sharing options...
Grampa Posted March 20, 2012 Report Share Posted March 20, 2012 Read your T&C's you signed with the agency and they should state what the agency will do for their fee. Also look on their website or any other paperwork info they give out. If it then appears they didnt do something they say they do you may have a claim against them. Also if they are members of the property ombusman (google it) there is a list of things they should do and if not you can complain to them and get recourse. Link to comment Share on other sites More sharing options...
Mortitia Posted March 20, 2012 Report Share Posted March 20, 2012 Agree with Grampa that your answer is in the Terms and Conditions of the contract you signed with your agent. I often advertise some lets privately without an agent and always ask for a passport and photocopy it if the applicant wants the property - never had a refusal yet and I know that the agent I use most does the same and personally speaks with employers on referencing as well as undertaking credit checks. Mortitia Link to comment Share on other sites More sharing options...
Melboy Posted March 20, 2012 Report Share Posted March 20, 2012 If you pay for a service and that service is not carried out satisfactorily then the person receiving the payment from you has a case to answer in any court of law. Whether you win or not is another question. Link to comment Share on other sites More sharing options...
LLAW96 Posted March 20, 2012 Report Share Posted March 20, 2012 Without knowing the full facts would also seem that your agent is in breach of s.13 Supply of Goods and Services Act 1982. Link to comment Share on other sites More sharing options...
Grampa Posted March 20, 2012 Report Share Posted March 20, 2012 Even if it isnt written into the T&C's the agent has a "Duty of care" to you the client. Link to comment Share on other sites More sharing options...
prhomes Posted March 21, 2012 Author Report Share Posted March 21, 2012 Thank you all for your replies, appreciate the comments.I have checked "The Property Organisation" website, and ARLA and have seen the Codes of Practice (The Agent is a member of both organisations). I think we have a good case. Will let you know how we get on. Thank you again Link to comment Share on other sites More sharing options...
Grampa Posted March 21, 2012 Report Share Posted March 21, 2012 Also remember a agent can only do so much. If a tenant is determined to fabricate references it is unlikely to be exposed by normal checks. It is common practice for a dodgy tenant to say they have been living with their parents when in fact they were evicted from their previous address. I have also had faked employers refs (we found out in time). I am also surprised by the amount of people who don't have photo id. Also don't know where I read it but apparently it is illegal to make a colour photo copy of a passport. Link to comment Share on other sites More sharing options...
Richlist Posted March 22, 2012 Report Share Posted March 22, 2012 Also don't know where I read it but apparently it is illegal to make a colour photo copy of a passport. It seems thats an 'urban myth' The only place that says this is illegal is an HMSO guidance note of ten years ago. Which has since been superseded. Advice from the passport office: Thank you for your enquiry In the interest of safeguarding your identity IPS recommend that customers take a photocopy of the bio details page of their passport to ensure the details are retained should their passport become lost or stolen. Photocopies can be made in either black and white or colour. Thank you. Customer service e-mail team There is still an old HMSO page around from 2003 stating B&W, but the actual IPS page which used to state this no longer does so. When queried about this old page HMSO response (17/06/09) to this was Thank you for your email. It looks as though, for some reason, you have been looking at our old website and as such the guidance on passports you’ve read it not the current version. Here is a link to the current guidance which has been drafted in conjunction with the Identity and Passport Service http://www.opsi.gov.uk/advice/crown-...itish-passport. The following General Tips from the Foreign & Commonwealth Office website regarding passports and travel: Make a note of the passport number, date and place of issue (or take a photocopy), and keep separately in a safe place. Check the passport expiry date. Write the full details of your next of kin in your passport. Leave a photocopy with a friend or relative at home. Take a second means of photo-identification with you. Keep your passport in the hotel safe and carry a photocopy with you. If your passport is lost or stolen overseas, contact the nearest British Embassy, High Commission or Consulate immediately for advice. Keep your passport safe. You'll see that they advise photocopying and carrying a photocopy with you while keeping your passport in a hotel safe. It says nothing about only copying in B/W! Some of this pasted and copied from other web sites..... Link to comment Share on other sites More sharing options...
Grampa Posted March 22, 2012 Report Share Posted March 22, 2012 After I read it I did go to a link (gov website) that confirmed it, but as you say it was likely to have been an old page still floating around on the web. Link to comment Share on other sites More sharing options...
Selkirk Posted March 22, 2012 Report Share Posted March 22, 2012 I read the following: Credit checking agency Experian is to add information about tenants and their rental payments into future credit checks. It means that landlords and letting agents will be able to access information about rental applicants’ ability to pay rent previously, whilst lenders will also be able to see the information when assessing a tenant’s ability to move to paying a mortgage etc etc. Excellent news imo, this will hopefully catch out a very high percentage on bad T's. Link to comment Share on other sites More sharing options...
Mortitia Posted March 22, 2012 Report Share Posted March 22, 2012 About time! At least 10 years ago when I first started letting my own properties I used to make prospective tenants apply for their own Experian rating - offering to refund the £2.50 fee as it was then. They either got in a strop and went off or did as I asked. Only one came back 'bad' as I remember and tenant tried to tell me it was his brother's. LOL Mortitia Link to comment Share on other sites More sharing options...
Mikey74 Posted March 25, 2012 Report Share Posted March 25, 2012 I have had similar experiences with letting agents. They make their money by getting u a tenant and then it's ur problem! I now use www.n-l-c.info. They only charge £60 a year and have dealt with all my tenant problems. No extra charges to me. You have to click on 4th box on left "services". Also liked the 24 hour helpline available. Not sure how they make money though as this is extremely cheap! Link to comment Share on other sites More sharing options...
LLAW96 Posted March 25, 2012 Report Share Posted March 25, 2012 I have had a quick look at that n-l-c website, its nothing special there are better and cheaper sites out there, and do you really want to support an outfit that pays part of its profits to Shelter who do their best to thwart landlords at every turn. Link to comment Share on other sites More sharing options...
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