Letting Agent in Breach of Contract? - failure to organise GSC

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    Letting Agent in Breach of Contract? - failure to organise GSC

    Hi There I am new to these forums so I apologise if this is the wrong place to post this question, but I am at the end of my tether with my letting agent and am in need of advice ... I will be as brief as possible.

    We have let our property out in Yorkshire for 12 months and decided as we moved to Somerset to go with a reputable national Letting Agent using their managed service which takes 10% of the rent which includes the organisation and arrangement for obtaining the annual gas safety certificate.

    Our monthly statement for May indicated they had taken £84 out of our rent for pre-payment for the Gas Safety Certificate - we authorised the work via email the same day and they by return confirmed that they had instructed their contractor to carry out the work and assured us that it would be carried out before the existing certificate ran out in 12 June and that the Contractor would post a copy of the certificate directly to us.

    As I had not heard anything at all from the Letting Agent or the Contractor by 17 June I contacted them asking them for a copy of the certificate.

    It turns out that the certificate has not been obtained and the Contractor has not even been to the property at all.......they only informed me today after numerous I sent numerous emails and phonecalls. They appear to indicate that the tenants have not returned calls and have been away on holiday (I know they were only away for 5 days because they texted to tell me so) and the Contractor has not been able to gain access.

    I got a call from the local branch Lettings Manager today who didn't even apologise and was generally quite rude indicating I was too pushy as a landlord and most just "let them get on with it"! I asked her if she knew if we were breaking the law and she just said "its not my field you'll have to ask someone else". There appeared no urgency on her part to sort the issue out.

    I am very concerned that as the Landlord and owner of the property I am now in breach of the law as we have no current GSC on the property. Which obviously I am furious about......I believe I have done everything I could from my end considering I have a contract with a Letting Agent for them to provide this service and they have already taken payment for it.

    I have contacted my tenant directly myself and pointed out the urgency of them being available for the GSC to be obtained which they have assured me they will try to do ASAP.

    Has anyone else come across such and issue with a letting agent and how did you resolve it?

    are we within our rights to cancel our agreement with them due to breach of contract?

    Where do I go to, to complain about them?

    Are we currently breaking the law or is their a grace period between certificates?

    Your advice would be greatly appreciated

    #2
    Letting Agent:

    Has anyone else come across such and issue with a letting agent and how did you resolve it? - From a personal experience I would give the letting agent his P45() and look elsewhere for a more reputable agent if you cannot manage the property yourself

    How do you complain, I am very sorry but I cannot advise you as I have dispensed with the services of letting agents some 10yrs ago because I had a number of similar experiences

    Gas:

    Please see:-
    http://www.landlordzone.co.uk/forums...199#post441199

    You have 28 days to supply your existing tenants with a GSC

    Comment


      #3
      It appears your agent may have had difficulty in obtaining a response from the tenant concerning access and there is a procedure they should adopt if this is the case.

      You will not be breaking the law if the tenant is unresponsive and the agent has made reasonable efforts to have the GSC carried out.

      Having said that why on earth have they taken the £84 in advance, rather then out of rental proceeds after it has been done?

      You can complain to ARLA if they are members, and TPO if similarly so.
      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

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