Have a TPO Complaint but it's Over 12 Months Old

[nessa]

Hi Guys

Hoping someone can help.

I have a complaint about an agent that I used to do tenant finds for me in 2013 and prior who have behaved appallingly ....kept my deposits, won't give me copies of inventories etc. I wrote to the agent twice in July 2013 detailing my complaint but never heard anything back. I even got my new agent to try..no luck there either. As an aside I emigrated in July 2013. I thought there was nothing I could do about it, but the rogue agency is now a member of the TPO, but wasn't in July 2013 as far as I am aware.

I now want to complain to the TPO, as this issue has never been resolved, they still have the depost monies and inventories etc. However when I look on the TPO website, it states I have to have corresponded with the agency in the past 12 months.

What do I do...just email the agency a copy of the last letter again, wait a few weeks then get in touch with the TPO?

Thanks in advance for any advice.

[PaulF]

I think any apparent wrongdoing by the agent will not be covered as TPO does not act retrospectively, prior to an agent being a member, so you will just have to put it down to experience. You could of course 'phone TPO and they will tell you what you want to know.

[nessa]

Thanks PaulF but as the agent still has my records and tenants money, are they still not guilty of an on going wrong doing?

[nessa]

Also they did not protect the deposit correctly for one of my tenancies.. They had built up over a £1000 in arrears but I could not do anything until they voluntarily left (couldn't do a s8 either due to the way the ast had been drafted), So I had no idea of the extent of their negligence until recently.

[jpkeates]

Write a new letter repeating the claims in full.
Post it with proof of posting from post office (email is not a good idea).
Wait for the agent to respond (or not) for 28 days.

Contact TPO.
TPO may claim it predates their involvement.

Why are you not suing the estate agent for your losses?

[Lara]

Would a 'Letter Before Action' need to be sent before suing?

[jpkeates]

Yes - it's an important part of the process.