Incompetent Letting Agent - damage to property not mentioned in check out

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    Incompetent Letting Agent - damage to property not mentioned in check out

    Looking for some advice please.

    My managing Letting Agent did not complete an adequate check out - they did not note any damage/filth or remove all the belongings from the tenants.

    They deny the objects were there, but have paid for removal even though they claim they must have appeared after check out as they were not noted. We have photographs to prove they belong to the tenants as I had marketing material (photographs) taken to market the property for sale while the tenants were in situ.

    They claimed for professional cleaning of carpets and oven, but neither were undertaken - the oven is still filthy. Carpets also.

    They did not adequately check the flat as built in appliances are dirty and/or broken.

    The cupboards are all filthy inside - also proving the check out was inadequate.

    The check out was not undertaken until 10 days after the tenants moved out. However, this was 6 months ago and I was not able to come and check the property as 1. I lived far away and 2. I didn't feel I needed to due to repeated assurances by the manager that she personally had done the check out and also because of the reputation of {Mod - name removed} - they are supposed to be the best and deal with the most expensive properties.

    We additionally had issues with the energy providers who issued a high estimated bill as no final meter readings were submitted and the Energy Providers say that the Estate Agent were not able to prove that there was a check out. This was an additional issue we had to rectify with the Energy Provider and was the first instance that flagged this issue with check out incompetence/negligence.

    I genuinely feel this was a slip up on their part as it was during the Christmas period, but they are simply denying it and trying to blame me for whatever cleaning is required saying that during the 6 months people must have entered the property.

    Regardless, I can prove that the property was taxed as being in empty possession and also have an audit trail for only 2 viewings since that time, as well as additional photographic evidence that the belongings were there.

    I am following the internal procedure for complaints and will escalate this to the Ombudsman Property Services as well ARLA the association they are affiliated with. ARLA state in their code of practice that check outs should be conducted within the next working day of tenants vacating the property. To what extent can I hold them to this?

    Does anyone have any experience of similar incompetence/negligence?

    I am seeking to claim, eventually in small claims if needs be, for the additional cleaning required, accommodation expenses incurred due to having to undertake this cleaning during a house move, and contributions towards new appliances purchased.

    Thank you in advance.

    #2
    You have proof that cleaning was not undertaken ( via your personal visit ? )

    You wont get anywhere with the ARLA as they have no legal powers. All they can do is slap the agents wrists, and / or recind their membership, which is no loss, as the agent will just join another useless faceless organisation.

    Hope you have stopped using the agent, for their breach of contract, failure to supply as per your contract, and falsifying accounts ( cleaning )
    In other words, they have broken the terms of their contract, therefore you sack them today for such.

    I would go straight to court for breach of contract, falsyfying reports, and charging for items not done.

    Ombudsman Property Services and ARLA reports will get you nowhere.

    Comment


      #3
      Yes - from personal visit. It is clearly not cleaned at all.

      I will bring it to court, but was following the procedures they say the court also look favourably on? Might as well as it is all the same amount of evidence/preparation of argument.

      I have sacked the agent, but additionally, want to name and shame them!

      Thanks for your comment - something to think about.

      Comment


        #4
        Originally posted by doingtherightthing View Post
        I have sacked the agent, but additionally, want to name and shame them!
        Read the forum rules please http://www.landlordzone.co.uk/forums...hp?do=vsarules

        Naming and shaming is not allowed here.
        I also post as Mars_Mug when not moderating

        Comment

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