Agent costs me dear - what to do?

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    Agent costs me dear - what to do?

    After the trauma of managing my own tenancy for 5 years I decided to use an agent for the next tenant - big mistake it seems!

    When the tenant decided that she was finishing the , by now, periodic tenancy after 18 months she notified this to the agent about 4 weeks in advance of the end date. Unfortunately that didn't get relayed to me and it was only in passing that the matter actually got mentioned by the tenant about 3 weeks (or less) before her move out date!

    On the eve of that date I decided to check with the agent that all was going according to plan and she subsequently made a call to the tenant only to discover that she had no intention of leaving on the stated date due to her own self inflicted housing issues. Eventually however this was resolved but certain deductions needed to be made from the deposit and with which the tenant agreed.

    My queries are - 1) is there any point in seeking financial redress from the agent for the lack of appropriate action regarding the notice as this resulted in us losing time in finding another tenant?
    2) how long should it take for the agent to pay the amount due to us from the deposit as two months after the tenancy ended I am still waiting

    #2
    Originally posted by tina v View Post
    My queries are - 1) is there any point in seeking financial redress from the agent for the lack of appropriate action regarding the notice as this resulted in us losing time in finding another tenant?
    2) how long should it take for the agent to pay the amount due to us from the deposit as two months after the tenancy ended I am still waiting
    Nobody on this forum will be able to give you a specific reply. It all depends on the agency agreement (the agreement between you and the agent, not the tenancy agreement).

    Bear in mind that the more slippery the agent, the more woolly will be the terms in their agreement.
    On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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      #3
      It's not the agent's or anybody else's fault the tenant decided to overstay her agreed move out date.

      To answer you second question, is would normally depend on wording within the AST as to how long it will be before the deposit is returned to the tenants or deductions made after the tenancy ends. If nothing is stated then it should be within a "reasonable" period which of course is subjective; two months does seem overlong, so write to your agent giving them 7 days to send you your claim for dilapidations, or threaten court action.

      I might also be inclined to remove the property from the management of this company if they don't sharpen up!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Originally posted by Paul_f View Post
        It's not the agent's or anybody else's fault the tenant decided to overstay her agreed move out date.

        Thanks for the very prompt advice ..... just wonder if it may have been slightly different if I had described my initial concern better?

        That is, that the notice from the tenant wasn't advised to us by the agent when it was first received from the tenants. As a direct result of this we lost two valuable weeks of that limited notice period and therefore, also, the same amount of time was lost in terms of re-advertising, re-letting, etc.
        Although eventually we only had a void of 6 weeks it could be argued that this could have been reduced by two weeks if the agents had actually told us that a month's notice had been given by the tenant.

        The bit about the tenant overstaying was just me venting my spleen about yet another occasion when there was a lack of communication
        Last edited by tina v; 30-07-2008, 17:59 PM. Reason: grammatically incorrect

        Comment


          #5
          Originally posted by tina v View Post
          Thanks for the very prompt advice ..... just wonder if it may have been slightly different if I had described my initial concern better?

          That is, that the notice from the tenant wasn't advised to us by the agent when it was first received from the tenants. As a direct result of this we lost two valuable weeks of that limited notice period and therefore, also, the same amount of time was lost in terms of re-advertising, re-letting, etc.
          Although eventually we only had a void of 6 weeks it could be argued that this could have been reduced by two weeks if the agents had actually told us that a month's notice had been given by the tenant.

          The bit about the tenant overstaying was just me venting my spleen about yet another occasion when there was a lack of communication
          As you say it COULD have but no guarantee.

          I would consider dropping the agent cos i doubt if you can anything out of them for those 2 weeks.

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