Big Problem with Letting Agency...Please Help!!

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

    Big Problem with Letting Agency...Please Help!!

    I would be most grateful if anyone here could provide me with some advice on a problem. To keep this short, what happened is on 14th February 2006 we put down a deposit on a house which we were due to move in to on the
    1st September. When arriving at the agents on friday, we were informed that we would have no where to live as the tenancy agreement had not been signed and the landlord had pulled out. This would be perfectly acceptable if it wasnt for the fact that we have since traced the landlord and have been informed that a tenancy agreement had been signed for the property by the agents in January 2006, yet they still took our deposit for the house and kept it until 1st September when we managed to get part of it back minus a hefty administration fee. I just do not know what i can do about this and what the legal position regarding their actions is. Do you have any solutions?

    Cheers All

    Steve

    #2
    Huge time delays between taking a deposit for a property and the start of the proposed tenancy agreement are unusual, and I suspect that a member of the agent's staff cocked it up big time. A six month AST was probably signed for the property sometime in January and the agent naievely (spelling ???) assumed that on expiry of this another tenant should be found. Indeed the tenant who took the tenancy in January may possibly have said at the time that they would be moving out in September. Of course, plans change and said tenant has now announced that they wish to remain!
    The agent should never have offered you the property without being certain that vacant possession would be available to his landlord at the time stated. The agent is IMHO trying it on by witholding their administration fee and I suggest you take the agent to the small claims court for a refund of same and possibly some compensation for your inconvenience.
    I should start by a sternley worded letter to the agent requiring a response in seven days. Of course if they are a member of an established body such as ARLA or NEA then there is a disputes proceedure run by these bodies that you can try as well.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Letting problems

      Thanks for your reply....there was a 6month tenancy but these are not the tenants who have been moved in. In January 06 a 10month tenancy to run from 1st september was signed by another set of tenants. However, in february we were shown the place and paid a deposit for a rental period of the same length and commencement date as those which had signed in january. So, they had booked two sets of tenants to move into the house in the same day, and had known this for months yet done nothing.

      Steve

      Comment


        #4
        Well - I was only guessing! It looks as though the cock-up was even bigger time than originally thought. The first half hour of consultation with a solicitor should be free and it sounds as though you have a good case. Of course if this is not financially viable then you have a better case to present yourself to the SCC.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment

        Latest Activity

        Collapse

        • Reply to Estate agents letting fees
          by Harper62
          reply to: theartfullodger - the question relates to the agent's commission - the contracts are for one year or more and whether the agent should charge commission of a tenant stays longer than a year
          02-12-2021, 22:01 PM
        • Reply to Estate agents letting fees
          by Harper62
          reply to Andrew Dodd - I think you've misunderstood. As I mentioned the house has been let since 2006 - the agent finds the tenants and secures the rental amount, draws up the contract - it's a successful operation. My query related to the period the agent wants to charge commission on. That's what...
          02-12-2021, 21:57 PM
        • Reply to Estate agents letting fees
          by Hudson01
          I use an estate agent on a tenant find basis with no management but always interview each of the prospective tenants who pass the tests, i pay 1 months rent as their fee and that is it, if the tenancy lasts 1 year or 10 years i pay that one fee and that is it. Anything else i would not accept.
          02-12-2021, 21:36 PM
        • Reply to 5 Yr Residential tenancy agreement
          by landlord-man
          12 month AST

          Establish rapport with Tenants, do some. LL training and then sack the agent and keep more ££ yourself...
          02-12-2021, 20:43 PM
        • 5 Yr Residential tenancy agreement
          by Gurvinder
          Hi All

          We have a property which is managed by a letting agent
          He has found new Tennent's that want to lease it for 5 yrs. There is a large hospital near the property and the tenants are NHS workers.

          My questions are as below.

          1) I read somewhere a long...
          30-11-2021, 21:42 PM
        • Reply to Estate agents letting fees
          by theartfullodger
          So either do it yourself, no agent, or specify 6 months then rolling periodic.
          02-12-2021, 20:37 PM
        • Estate agents letting fees
          by Harper62
          Can I ask advice on this matter. I've had a property in London since 2006 which is rented. Whichever estate agent I use, they all want to charge a letting fee (let only not managed) on the whole term. Tenants often sign for more than a year and the estate agent is keen to charge a commission for each...
          02-12-2021, 19:00 PM
        • Reply to Estate agents letting fees
          by AndrewDod
          Why exactly do you want to use an agent for a Let only non-managed?

          The most critical bit of the process which you should be doing yourself (even for fully managed) you are devolving to others. Will end badly....
          02-12-2021, 20:22 PM
        • Reply to help / advice on letting
          by john19
          I really would be grateful if someone could please comment on my above post ;-

          1) Can you make an amendment to the existing tenancy agreement removing the estate agents as managing agents?

          2) if the estate agents will not amend the existing agreement and still say a new tenancy...
          02-12-2021, 20:17 PM
        • Am I going to have any issues with this s21?
          by Cotton
          for a s21 to be valid i need to give the tenant the gas certifcate, epc, eicr and the 'how to rent' guide before occupation

          Being a DSS tenant and not having access to their details prior to occupation, I emailed these documents to the council weeks before the tenant took occupancy at the...
          02-12-2021, 20:06 PM
        Working...
        X