Letting Agent Poor Practice

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    Letting Agent Poor Practice

    Hi, the letting agent installed a tenant in my property and advised that she was known to them and had been a good tenant. However, her first rent was 2 months late, and she continued to pay 2 weeks late. The Agent told me that she was having difficulties sorting her bank a/c out - however, I was told that she had business interests and not to worry. I asked for the complaints procedure & my request was ignored. After 7 months non payment of rent she has now been evicted. My house is damaged and was in a filthy state and gardens overgrown.
    The Agent made a small claims application for the first 4 months of rent, and apparently did not make me a party. I have been waiting for 2 months for an outcome so made enquiries with the court as the agent refused to do so. I was told that he should have applied for a judgement, but I can't do anything. This man does not seem to know what he is doing & I am concerned that he did not pick up on her banking difficulties - he told me that he did a credit check, but I don't know what the score was or anything.
    He uses FARLA after his name - ARLA do not know of him and have said they will investigate.
    Is there anything I can do in relation to the small claims and in relation to compensation from this Agent? Any advice very welcome!!

    #2
    What was your agreement with the letting agent?? Had you agreed that you rented the place to them & they then got their own tenants?? Was this a "guaranteed rent" scheme??

    FARLA may mean he claims to be a Fellow of Arla.. in your shoes I'd check with ARLA.. it is not unknown to find what agents claim they are members of tell you this is untrue..
    http://www.arla.co.uk/join/grades-of-membership/
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Hi, the Agent was allegedly acting on my behalf and I was paying them a fee to manage the tenancy. I have spoken to ARLA and they are going to investigate as they have no record of this man - I too thought that he was a Fellow of ARLA and so felt assured that he knew what he was talking about. He has clearly made a real mess of the whole situation. I am considering talking to Trading Standards once ARLA confirm they don't know him in writing. Also going to see if I can get legal advice as I am in a silly situation with the court application to which I am not a party!

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        #4
        Originally posted by HeyHo View Post
        Hi, the Agent was allegedly acting on my behalf and I was paying them a fee to manage the tenancy. I have spoken to ARLA and they are going to investigate as they have no record of this man - I too thought that he was a Fellow of ARLA and so felt assured that he knew what he was talking about. He has clearly made a real mess of the whole situation. I am considering talking to Trading Standards once ARLA confirm they don't know him in writing. Also going to see if I can get legal advice as I am in a silly situation with the court application to which I am not a party!
        Good! I'm glad this has come out because ARLA will probably take this person to court under the Consumer Protection from Unfair Trading Regulations 2008. It is a criminal offence if convicted.
        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.

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          #5
          It seems that there is also something very suspicious about the 'company' which appears in the dissolved companies records and the company that he used to work for, which had allegedly gone bust, remains registered. I have also been advised that whilst he may have prepared the application to the small claims court, I should have signed it as it is my claim. Essentially, this could be viewed as him impersonating me.
          The more I find out the move horrified I am. NFOPP are now undertaking an investigation and I have reported it to the local Trading Standards. Just need to see if I can get any money back!

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