Blot on the Landscape

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

A few days after moving in to the property, Mrs H, the tenant, arrived home to find the boundary hedge removed and her countryside view replaced with a substantial building site relating to the neighbour’s building project. Mrs H complained to the Agent that had she known that the countryside property was to be next to a building site for a prolonged period, she would not have applied for the tenancy. The Agent claimed that they were unaware that building works were being planned and stated that, as the landlords had already paid Mrs H an amount in compensation, the matter had already been dealt with.

Cold Nights, Warm Days

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

The prospective tenants, Mr and Miss G, claimed that the Agent had misled them by stating that the property benefited from electric night storage heaters when, in fact, they were ordinary electric heaters. Upon finding out this information Mr and Miss G withdrew from the tenancy and asked for a refund of their holding deposit. The Agent refused, claiming that the prospective tenants had not asked them to investigate the matter.

An Expensive Conversation

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

The day after Mr and Mrs F, the prospective tenants, viewed the property, they paid the Agent a holding deposit of £280. Later the same day the landlord accepted their offer however, the next day, for reasons undisclosed, Mr and Mrs F withdrew from the proposed tenancy and requested the return of their monies. The Agent refused, pointing out that as per the terms and conditions of that payment, following the landlord’s acceptance of their offer, the holding deposit became non-refundable.

A Tale of Two Tenancies

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Upon application for the tenancy, the prospective tenants, Mr and Miss D, were charged a holding deposit/administration fee of £500 which, following their references being declined, was withheld by the Agent. Mr and Miss D complained that the fee was unfair, especially as the Agent had not fully considered all of the referencing information provided.

Serial Fraudster

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Following the tenancy commencing problems arose in relation to the credibility of the tenants following a request from a third party for the refund of £6,700 paid from their credit card without their permission for the deposit and advance rent. The Landlords, Mr and Mrs C, subsequently complained that the Agent (instructed on a tenant find only basis) had failed to undertake the necessary referencing checks on the tenants which, had they done so, would have exposed the applicants as serial fraudsters.

Problems Down Below

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

The prospective tenant, Mr B, viewed the property (a ground floor flat) that was advertised as benefitting from a cellar. At the time of the viewing Mr B and the Agent discovered that the stairs to the cellar had been broken by a contractor who had been working in the property. The contractor had not reported the damage to the Agent or the landlord. According to the Agent, he informed Mr B that he would be surprised if the landlord would mend the stairs. The comment was subsequently disputed by Mr B, following his withdrawal from the transaction, who claimed that the Agent had told him to pay an administration fee of £120 and that they would let him know what was to happen with the cellar.

Fully Furnished(Ish)

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Following the prospective tenants applying to rent the property, the Agent conducted negotiations regarding the furniture own by the Landlords, Mr and Mrs A, which was to be removed. The negotiations did not reach a mutual agreement and the prospective tenants withdrew from the transaction. Mr and Mrs A subsequently complained that the Agent had removed the majority of furniture from their property, despite it being marketed as ‘furnished’ and that the subsequent withdrawal of the prospective tenants had deprived them of the opportunity to receive rent, particularly since they had declined another set of prospective tenants from another letting agent.

Unemployed monies

Published on Monday, 14 April 2014. Posted in Case Studies

Complaint

Upon instruction the Landlord, Mr E, agreed with the Agent that prospective tenants would be charged a holding deposit which, in the event that the tenancy did not proceed, would be divided up with £200 due to him and £100 to the Agent. A prospective tenant was found who paid the £300 holding deposit but had to withdraw from the tenancy after subsequently losing his job. The Agent refunded the full £300 and Mr E complained that he had not received his £200.

Communal Parking - Misleading Action

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Following their purchase of the Property, Mr and Mrs F complained that the Agent had provided incorrect information in stating that there were five communal parking spaces available near the Property when this was not the case. Mr and Mrs F maintained that they were told these were in addition to the double garage.

Structural Issues - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

The Seller (a mortgagee in possession), instructed Agent B to market the Property for sale on a dual agency basis with Agent A, who had been marketing the Property prior to it being repossessed. Following the initial viewing the eventual buyer, Mr E, submitted an offer through Agent B which was accepted. Exchange and completion took place four weeks later. However, after several weeks, Mr E wrote to Agent B to complain, advising that Agent A had given him a copy of a structural report outlining subsidence at the Property with an estimated repair cost of between £25,000 and £30,000 adding that they had informed him that they had provided a copy of that report to Agent B two months previous. Agent B denied that they had received a copy of the report and argued that they were not advised of any structural concerns with the Property by the Seller or any estate agent.

Investment Property - Misleading Action

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

The potential buyers, Mr and Mr D, asserted that the Agent’s sales particulars were misleading as they had described the Property as being ‘ideal for any investment’, yet they had discovered through their solicitor that the lease contained a covenant preventing the Property from being sub-let, making it unsuitable for a buy to let investment. The Agent responded stating that they had been unaware of the covenant, that this was a matter for legal representatives to determine and, therefore, they could not be held accountable for
Mr and Mr D’s losses.

Title Issues - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Following the discovery of issues concerning access and a leasehold title, the potential buyer, Mrs C, withdrew from the transaction and raised a complaint against the Agent stating that this information should have been divulged to her at an earlier stage which, if it had been, would have resulted in her not incurring legal and surveying costs. The Agent responded by pointing that the issues concerned fell within her conveyancer’s responsibility, adding that they were not made aware of either issue by the Seller.

Neighbouring Development - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Following their third viewing, Mr and Miss B made a number of offers for the Property the last of which was accepted. Conveyancers were appointed and a survey instructed.

However, several weeks into the transaction Mr and Miss B viewed a local news programme where it was reported that a large development of 1,200 houses, a retail park and a waterside park were planned in an area 200 metres away from the Property. After further research Mr and Miss B found that the draft proposal had been made public several months before they viewed the Property. They decided to withdraw from the transaction and subsequently complained that the Agent had failed to disclose this information to them, despite stating that they had raised questions about proposed local developments during their viewings. The Agent contested that Mr and Miss B had raised such questions.

 

Mineshaft - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

In this case, the potential buyers, Mr and Mrs A, alleged that the Agent had failed to inform them that there were environmental issues in respect of the Property and asserted that, had they been made aware, they would not have proceeded to make an offer and thereafter incurred the costs that they did.

Opening Hours - Misleading Action

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Shortly after the commencement of the tenancy, the Tenants, Mr and Miss F, raised concerns regarding the Agent’s communication. Firstly, Mr and Miss F alleged that the Agent had provided them with a misleading response in relation to them querying the trading hours of the business on the ground floor of the Property. Secondly, Mr and Miss F raised concerns regarding the condition of the Property.

Possession order - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

In this case, the Tenant, Mr E, complained that the Agent should not have let the Property given that they were aware that a possession order had already been served prior to the commencement of the tenancy. The Agent failed to respond to the complaint.

Disclosure of Burglaries - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

The complainant, Miss D (on behalf of herself and four other Tenants) complained to the Agent that they should have been informed that the Property had been burgled on two occasions prior to them entering into the tenancy agreement and that the security measures previously recommended by the police following the first burglary had not been implemented.

Right of way - Misleading Action

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

In this case the tenant, Mr C, alleged that the Agent had provided him with misleading information concerning a right of way across the Property. The Agent responded stating that the information had been provided to them in good faith by the Landlord.

Residents Parking - Misleading Action

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Following commencement of the tenancy, the Tenants found that the residents parking that the Agent had advertised with the Property, did not exist. They immediately raised the issue with the Landlord, Mrs B, and sought to renegotiate the tenancy terms. Mrs B promptly complained to the Agent.

Disclosure of building works - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

The Tenants, Mr and Mrs A, agreed to rent a fourth floor apartment in London for 18 months without the knowledge that six weeks after the start of the tenancy, the building the apartment was situated in was scheduled for major redevelopment works. According to Mr and Mrs A, had they known, they would not have signed the tenancy agreement and,as such, blamed the Agent for not providing them with all the information they needed to come to an informed decision.