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Letting Agents - Compensation Claim
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QUESTION:
I am having problems with rent arrears of in excess of £4,500.
The tenant moved in eight months ago but I have received nothing. My letting agent (who charges 10 per cent for doing very little it seems) has failed to chase the rent from the tenant. The tenant has been placed in the house on something called a HACTRAC scheme (a council linked programme for people on benefits) this scheme guarantees rental income from the property for the period of the tenancy. If the tenant moves out prematurely the council agree to cover the remaining rental period.
My issue is with the letting agent and I would like some advice if possible on where I stand in taking them to a small claims court, not only to recover my rent arrears but to claim compensation of the delay, mistakes they have made and the phone call and emails I have made to them and the council to try and sort out the mess that I am supposedly paying them to manage!
The letting agents have failed to keep me informed of the rental arrears situation, charged me for a washing machine that the previous tenant stole (five phone calls and two emails later this amount was removed), and made gross accounting errors not only in numbering statements but in management fee calculations and VAT amounts. Promised cheques have never arrived.
They tell me they have issued the tenant with notice to quit and that the reason for the delay is a computer hitch at the council (six months ago, lasting three weeks).
I believe I should not only receive my rent in full but compensation. Where do I stand and what might be the best way forward as I am now facing having to sell the property to recover my losses to date.
ANSWER:
You must contact ARLA, or whatever other governing body the agent belongs to; they can advise on compensation and actions.
Get out of the agreement. This is a dreadful situation.
You also need to contact whoever is managing HACTRAC, to be quite clear about what the scheme is and what they guarantee. Most schemes of this type offer some form of security to landlords, which is why they agree to take part
Letting Agents - Refusing to hand over the deposit
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QUESTION:
I own a property in the UK but live in Germany. I rented out the property through a letting agent over two years ago. Earlier this year, I discovered that the agents had not been collecting the rent, although through their own incompetence they had continued to pay me through the period the arrears had been growing, and had not informed me of any problems. They discovered the arrears and therefore stopped paying me rent, and this continued for nearly three months. I desperately need the rental income from the property to cover the mortgage, and am already in a lot of debt. I complained to them about this, pointing out that they should have at least informed me that there were arrears accruing. I have a background of working in social housing so I know the law well on ASTs and could have taken various courses of action had I known there were arrears.
As a result of my complaint, the letting agents informed me that they were no longer willing to manage the property. After threatening the small claims court, I got them to pay me the outstanding rent arrears figure and hand over keys, tenancy agreement etc. However, they are refusing to hand over the tenant's deposit either to myself or to her. She has personally requested that they hand it to me, or give it to her so that she can give it to me, and they have ignored this.
Surely since they themselves have chosen to have nothing more to do with the property (a fact I was very glad about, I need hardly state) they have no right to hold onto this money? Is there any way other than the small claims court that I can recover this from them?
ANSWER:
As in the above answer, you could contact ARLA. Otherwise, ask them clearly what their reasons for retaining the deposit are. You could get a solicitor’s letter, but I think they are banking on you being in Germany and not pursuing this. I think Small Claims Court is the answer.
Letting Agents - Damage to Property
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QUESTION:
We let a three bedroom house on a fully managed basis. We have been dissatisfied with the agents who do not return calls or emails but put up with this poor service until a friend told us that the house was being mistreated. Upon a drive-by inspection we could plainly see damage including a concrete patio that had been laid and fencing that had been cut down. At this point we asked to see the inventory that we had paid for and to chat about the property inspections that had supposedly taken place (both of which where contractual).
We were advised that the house was in good condition and that we were over-reacting. As for the inventory; it could not be produced. We then asked for the tenants to be served with notice. The notice document was also lost but thankfully the tenants left anyway.
However the resulting damage will run into thousands of pounds. Could you advise us what is our best course of action?
ANSWER:
Sorry, I think there is only ARLA to try and recover from the agents or the Small Claims Court from the tenant - though if you have no address for them, you’ll struggle. If you have a next of kin address, discuss with the Court whether you could use that address for your claim. Read your contract - how much responsibility do the agents have? Are there any guarantees in the agreement with them? This has been really bad luck and the deposit, which should have been kept, will probably go nowhere near covering the damage.
Letting Agents - Demand to Pay Again.
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QUESTION:
HELP. The letting agents employed by my landlord are alleging that I have failed to pay the rent. However, I visited their office, duly paid and had my rent book signed. They are now inferring there is no office record of my having paid and are demanding I pay again. Apart from which their harassment is now bringing me into bouts of depression and casting aspersions on my good name. What oh what is my next step?
ANSWER:
You are clearly in great distress. I feel your first step is a short, polite and clear letter, sending a photocopy of your rent book which shows payments made. Presumably you paid cash? Cheques of course provide a further proof of payment. However, if you paid cash, ask them to explain why they are casting doubt on the validity of the rent book. If they don’t let the matter drop, I think you will have to see a solicitor specialising in housing law.
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