Advice needed - rogue lettings agent and my elderly Mother

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Hudson01
    replied
    I can not add much to what has been said above but given your mother thinks the sun shines out of this guys...... you get the idea, i think a quiet chat over a cup of tea is in order to get her to understand the real situation, otherwise she will be inclined to fight you all the way in your endeavors to assist her.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by RobertSto View Post
    How do I terminate the agreement with someone there is no real agreement with?
    There is clearly an agreement, a service is provided and money paid, but it's not a written agreement.
    You can't terminate the agreement, only your mother can.

    If she wishes to end the agreement, she should write to the agent giving them notice.
    In the absence of an agreement, I would suggest that something like three month's notice is more than reasonable.

    If your mother has retained this person, I'd say the responsibility is hers, not the agents. If the agent is earning enough to be VAT registered, some kind if business exists. And the property is let constantly, which means that some kind of service is being supplied.

    1 - that's unusual but not unheard of. Is your mother declaring the income to HMRC?

    2 - No gas safety inspection would be bad. Properly logged maintenance is good. Many agents provide a gas safety inspection via an insurance service, so a specifici charge may not be noticable.

    3 - A number of agents pass deposits to landlords (I insist mine does, for example). It depends what service has been agreed.

    4 - That's your mother's responsibility, not the agents (although a good agent would at least bring it up).

    Leave a comment:


  • RobertSto
    replied
    That's another thing, there is no contract between them. She literally handed over the keys to him at his Father's house during a social gathering. He's charging 12% + VAT per month. I doubt he even pays the government the VAT.

    I'm not sure exactly where things stand in this case. How do I terminate the agreement with someone there is no real agreement with?

    Leave a comment:


  • mariner
    replied
    Get a GSC done asap
    Did Agent actually forward rent monthly to mother?
    Check Agent's Contract with mother for release date, poss 3 months.

    Leave a comment:


  • buzzard1994
    replied
    Your mother is liable for her agent, although has the potential to sue them for negligence. I'd visit the property to see what is actually going on there. Find out from the tenant how long they have been there and how long they plan to stay.

    She wont be able to evict without returning the deposit and getting the paperwork in order. You also need to check the condition of the place and whether the maintenance has actually been carried out.

    Leave a comment:


  • JK0
    replied
    Not much you can do about the unprotected deposits now.

    Maybe instruct the other agent to take over running the place?

    Leave a comment:


  • Advice needed - rogue lettings agent and my elderly Mother

    Good Evening Landlordzone,

    I am in desperate need of help regarding what to do with an agent I feel has taken advantage of my Mother. The property is located in England. I believe the tenancy started on 06/02/2014. I can't say much more about the agreement as I cannot see it!

    I have lived in Hong Kong for 7 years and just moved back. My mother has two properties that she inherited. One of them is being managed by an agent who is frankly awful. I visited her yesterday and an off hand comment made me ask if I could look through her records. This is what I have found:

    1) Rent is paid in batches months apart. Example is a "statement" in November which contains July, August, and Septembers rents.

    2) Lots of maintenance work is logged but despite this being a gas property, I don't see evidence of annual safety inspections or anything similar.

    3) My Mother has had two tenancies with this guy and he has not protected the deposit either time. He's simply paid my Mother the deposit.

    4) I see no evidence of an EPC for the property or any other documentation.

    This guy is the Son of someone my late Uncle used to work with a long time ago. My Mother thinks he's a great person because he makes her tea whenever she is in the area. I really didn't want to stress her out with how bad this could be until I got some advice. I tried to call the guy twice today and ask him about all these things. He has no office, no website, nothing. He has kept the property let consistently, and sends inspection pictures at random intervals (last two are 14 months apart) but this is nothing compared to all the wrong he's done. I think this is what my Mother thought made him seem legitimate. He also has fancy correspondence like very professional looking statements etc.

    Now here is my main problem. How liable is my Mother for the actions of this guy? All these things he hasn't done like safety inspections and protecting the deposits. I also highly doubt he's provided any of the required information like the EPC and how to let documents etc. I think it's worth noting that my Mother's second property is managed perfectly. Protected deposits, annual inspections etc. So in my mind she isn't acting as a negligent landlord here. Although will the courts see it that way?

    Additionally, I'm pretty certain that my Mother will need to sell one of these properties in the near future. I've just found out with no protected deposit, she cannot evict the tenants without extensive costs. Is this true?

    I acknowledge that my Mother has made a mistake in handing over her property to someone without the required experience, but she really thought she was giving it to a professional, and that's all she needed to do.

    How do I get rid of this landlord? What do I do about the unprotected deposits?

    The gas safety is the major issue and I've already reached out to some engineers and my plan is to get them in the property ASAP. This is the right thing to do, correct?

    Anything else that stands out as something I need to do?

Latest Activity

Collapse

  • Reply to Deducting Cleaning Costs from Deposit
    by Interlaken
    \Of course the tenant has a choice.
    The tenant may say the property was dirty when he/she moved in. Was an inventory carried out before move in documenting the state of the premises? The tenant could specify his own cleaner or do it himself/herself or could refute the claim entirely and make...
    27-01-2022, 12:07 PM
  • Deducting Cleaning Costs from Deposit
    by Piffy
    I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
    27-01-2022, 11:30 AM
  • Reply to Advice to others when you have a CCJ against a Tenant
    by Interlaken
    Interesting. Thanks ash72. I'm looking forwards to seeing your progress. I'm not sure if it is an offence to not have the registration document V5C not showing the correct address of T. It would seem T may have given the eviction address at point of purchase and that would have been after eviction...
    27-01-2022, 12:03 PM
  • Advice to others when you have a CCJ against a Tenant
    by ash72
    Just thought I'd inform others of my current situation, back in 2018 I evicted a non-paying Tenant (prior to Covid) I got 2 CCJ's against the person, 1 was from the possession which awarded me the court fees and the a 2nd when I claimed for the rent arrears and damage to the property. I have now instructed...
    27-01-2022, 11:04 AM
  • Reply to Advice to others when you have a CCJ against a Tenant
    by DoricPixie
    Thanks for sharing your experience. Hopefully the two CCJ served as warning to any future landlords who did their due diligence.

    I think the DVLA can find you if you don’t update your address with them…just saying.
    27-01-2022, 11:48 AM
  • Reply to Renting process
    by ash72
    Why haven't you raised this with the LL or the agent, would seem the logical thing to do in this situation. Advice for both LL and T's if you have any doubts walk away.........
    27-01-2022, 11:10 AM
  • Reply to Flat rental bathroom query
    by NewGuyOne
    A separate room toilet and hand basin, next to the kitchen. The bedroom has a window, a small step up to a en-suite shower, which also has a ventilator inside.


    I've attached a simple sketch of the layout for you all to see (good idea), apologies for the drawing, my wife's the artist...
    26-01-2022, 22:20 PM
  • Flat rental bathroom query
    by NewGuyOne
    Hello,

    A rented flat with a toilet (of course) and basin next to the kitchen, and a bedroom with a quite small en suite - shower/basin/rail for towel ... Is this acceptable in a flat - with no additional separate bathroom?

    Flat consists of 1 bedroom en suite, hallway, lounge,...
    16-01-2022, 20:13 PM
  • Reply to Water Damage
    by AndrewDod
    Surely the water will have dried a week later? If it is still wet you and the tenants are going to have bigger problems that a ruined carpet. The flat will become a ball of mould in a few days.

    Buy an industrial size dehumidifier and get that carpet out asap
    26-01-2022, 21:39 PM
Working...
X