Landlord with Letting Agency Issues

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

    Landlord with Letting Agency Issues

    Hi

    First of all I hope this is the correct forum for this post.

    I moved overseas last year and used a letting agent to rent out my property. I had some issues with the tenant (ultimately was evicted due to not paying rent) but feel I have also been let down by the agent on multiple occasions and wonder if there was anything I can do to at best claim some of the fees I paid them back or at worst make others aware as I believe they have been negligent throughout the process and have mislead me on multiple occasions.

    For example;
    - The offer which I accepted was for 12 months rent upfront it was only when the agreement was put in front of me that it said only 6 months can be taken upfront. I can find no guidance that there is a legal requirement that only 6 months can be taken by a letting agent?
    - Invoice for in going inventory check only provided and charged to my account 11 months after the work was performed
    - Being told the inventory was being performed by a third party and then finding out that the company was a sub division of the letting agent
    - Overcharged my account for a invoice for work and money not refunded to me until they had recovered it from the sub contractor despite this being their mistake.
    - Not receiving statements for several months and then being hit with charges.
    - Being told a claim for the deposit had been made then 30 days later when I asked for an update I was told again that a claim had been made however, it transpired that the claim had only been made once I asked for an update
    - Being told on multiple occasions that I had rent and legal protection then when the tenant stopped paying told that I did not have this
    - Work performed after the tenant left the flat was not checked and work not actually performed despite me paying for the invoice.

    Any help or advice would be appreciated even if I'm wasting my time here.

    Thanks


    #2
    It sounds like your letting agency has given a poor service in some aspects.

    My advice (not as a lawyer, but as a landlord) is that while all that you have described is bad practice, you wouldn't be able to make a claim for most of these points as they haven't left you out of pocket and you have received all services that you paid for (albeit late or billed much later).It is a legal requirement that a maximum of 6 months rent can be asked for in Scotland.

    There are a couple of points that could be chased up though, depending on the details.

    "- Being told on multiple occasions that I had rent and legal protection then when the tenant stopped paying told that I did not have this"

    If you have it in writing (preferably in your contract) that you have rent and legal protection then you may have a case if they have offered you a service which you did not receive or was not appropriate. However, read the small print to see what exclusions apply. Did they say that the policy didn't exist or that it doesn't apply in this case? Even if they are negligent then it may be difficult to get them to recompense you here without some form of legal action and I'm not sure what the recompense would be-the equivalent premium-probably not much?? .

    "- Work performed after the tenant left the flat was not checked and work not actually performed despite me paying for the invoice."

    What type of work? Can you prove that the work wasn't performed (photos, other evidence)? Have you seen the original invoice from the company that did the work? If you have been invoiced for something that didn't happen then you have a clear case. Ask for original receipts, then show evidence.


    I would suggest politely writing to the agency stating what you have in writing, what did not happen and your evidence for this. Stick to the facts. Ask for a response in 14 days. If they don't reply or you still have a dispute, then I'd maybe get my lawyer to write a letter. You could go down the small claims process, but as you are overseas this may be trickier. If you go beyond the letter from a lawyer stage (possibly £200-300, maybe more depending on complication) then you're looking at court costs which win or lose will probably be a lot higher than your original claim and will not necessarily be reclaimable. Depends on how much you're owed.

    Comment

    Latest Activity

    Collapse

    Working...
    X