removal of letting agent

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    removal of letting agent

    Hi,

    another topic on this but apologies as i cant find my answer on the other ones.
    My letting agent messed up the check in and check out report. Basically they keep telling me to pay the deposit back without really checking the reports.
    2y ago I had new tenants who moved in and asked to have the flat completely repainted and professionnaly cleaned. which I did right before they moved in but after the check in report. I have asked the agent to update the check in report but told me it was fine as we had the painter bill and cleaing job done by proefessionals.
    When tenants left they raised a dispute to the TDS answers is : no proof of job done as not in check in report (see below)

    This is not the first time this happens. I wanted to get out of this estate agent and get a new one but i signed a 2 y contract with current tenants summer 2021, full management 14% and they come back to me with a reduction at 12% rent only

    "Please find attached your signed terms.

    Clause 3.5 on page 2 states the breakdown of the services :

    3.5 Our Full Management service can be reduced to a Rent Management service at a fee of 12% + VAT by either party giving three months notice in writing, which can expire no less than six months from the date of the appointment."

    How can we remove them for cause and what fees i am untitled to pay them? Can a new estate agent can help me in the transition ?

    Thanks for your help


    TDS answer
    "landlord claims £288.00 for cleaning at the end of the tenancy. The tenant disputes the claim and
    says that the property was cleaned to the same standard it was received in, and that no further cleaning
    took place after check-in, despite the invoice for cleaning provided by the landlord, dated two weeks after
    the tenancy began.
    The check-in report states that the property was cleaned to a domestic standard with omissions, the
    carpets were dusty, the woodwork had light dust, there was debris under the seat cushions, the extractor
    filter was greasy, there was scale to the dishwasher, and many areas had dust and cobwebs. The check-
    out report states the property had been cleaned to a good domestic standard.
    The agent has provided a sales invoice in the amount claimed, dated 31 August 2019, and it states that
    the clean would be carried out the next day, on 1 September 2019. The email correspondence from the
    tenant shows that the tenant queried with the agent when the professional cleaning was going to take
    place as no cleaning had been done. The evidence does not show cleaning had taken place at the start of
    the tenancy and the check-in and check-out reports show the property was at least as clean at the end of
    the tenancy as it had been at the start. Based on the evidence, the claim for cleaning is not justified and I
    make no award."


    #2
    Is this the same agent that you were complaining about in October 2018?

    https://forums.landlordzone.co.uk/fo...managing-agent

    I think the replies you received then are still applicable

    Comment


      #3
      Hi,

      yes regarding the scheme but as soon as I raise a complaint by email, which party should launch the official complaint procedure.
      the estate agent is saying I have not requested the complaint form until now.
      Therefore, question is :when we do raise a complaint, this is not automatically following an internal complaint procedure ?

      And I m still unsure on how to get rid of them.
      Is the scheme the only option and what cost can I expect to break the contrat ?

      Comment


        #4
        yeahremy It sounds as though you don't know how to complain effectively.

        Agents receive many 'complaints' from landlords that are just long and rambling rants about poor service. The agent will generally apologise, say that it won't happen again, and then carry on as normal.

        If you want to complain effectively, you need to do so quickly, be very clear and concise in your email to them, make clear that it is a complaint, state what the agent has or hasn't done wrong, and end with a clear statement of what you want the agent to do to rectify the situation and/or compensate you for their errors.

        If you do not receive satisfaction, then ask them to send you a description of their formal complaints process and a complaint form. Sometimes this is sufficient to get them to reconsider your original email complaint. If not, then follow the process, and be prepared to escalate to their regulatory body.

        As to "how to get rid of them" and "what cost can I expect to break the contract", only you can answer this by careful reading of the contractual agreement that you signed with them.

        The above is probably not the answer you wanted to hear but it's the only way to deal with poor service.

        Comment


          #5
          If you have a fixed term agreement with the landlord you can only break it as provided in the agreement or if the agent is in serious breach. If the agreement is periodic you can break it by giving the appropriate period of notice. If the agreement is of indefinite duration (for example that it endures for the length of any tenancy the agent has negotiated) there is an argument that it can be ended by giving reasonable notice.

          Any provision requiring a landlord to pay a sum to terminate an agreement is unenforceable if the amount specified is disproportionately high.

          Comment

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