Rats!

Published on Tuesday, 26 February 2013. Posted in Case Studies

Complaint

On the first day of the tenancy, Mr C, the tenant, found that the boiler was not working and
immediately reported the matter to the Agent, explaining that he was unable to live in the property until the problem was fixed. The Agent advised the landlord straight away and arranged for a contractor to attend the property the same day. However, upon investigating the problem the contractor found traces of a rat infestation. The complications in dealing with the two connected issues eventually led to the landlord agreeing to terminate the tenancy with Mr C being refunded his rent and deposit. However, Mr C considered that the Agent could have done more to prevent the situation arising and promptly complained.

Garage Problems

Published on Tuesday, 26 February 2013. Posted in Case Studies

Complaint

After moving into the property, the tenants, Mr and Mrs B, contacted the Agent to advise that they were unable to access the garage. The Agent initially responded telling them where they could find the key. The key was not where they said and upon further questioning at a later date stated that the landlord had informed them that the garage was
not operational and unfit for use. Mr and Mrs B subsequently complained that the property had been incorrectly described to them.

An Inconvenient Convenience

Published on Tuesday, 26 February 2013. Posted in Case Studies

Complaint

Shortly after Mr and Mrs A moved into the property they discovered that the landlord, who worked in a neighbouring office, was using the toilet situated in the property. Upon questioning the landlord he advised that his use of the toilet during business hours was a requirement of the let which had been conveyed to the Agent. Mr and Mrs A then raised a
complaint alleging that they had not been informed of this requirement by the Agent prior to agreeing the tenancy and, as such, wished to end the tenancy, demanding the monies they had paid in relation to fees, the deposit and rent to be returned. The Agent argued that Mrs A had been advised during the viewing that the landlord required access to the toilet during his working hours. However, they went on to add that they appreciated Mr and Mrs A’s concerns and, together with the landlord, wished to make them an offer to end the tenancy. Mr and Mrs A refused the offer.

 

Sole Selling Rights

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The Sellers had by their account incurred dual fees from the Agent complained of and their previous agent. They had paid the Agent’s commission fee but complained that the Agent was due only 50% of the fee as they had only completed ‘half a job’ of selling the property.

Ready Willing & Able (Case 3)

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

In this case the unsuccessful Seller argued that the Buyer introduced by the Agent was not prepared to unconditionally exchange contracts. The Agent’s response was that the signed agency agreement stated that a buyer was ‘ready, willing and able’ if they were prepared and able to unconditionally exchange contracts, which they considered the Buyer was.

Ready Willing & Able (Case 2)

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint
The potential Seller complained that the Agent had charged them a commission fee that they were not entitled to as the Buyers introduced could not be considered ‘ready, willing and able’, underlined by the fact that the transaction had not completed.

Ready Willing & Able (Case 1)

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The potential Sellers complained that the Agent had charged them a commission fee that they were not entitled to as the property had not been sold. The Agent responded by providing a short explanation simply stating that they had introduced a ‘ready, willing and able’ buyer and, therefore, were due a fee regardless of whether the property had sold.

A Misplaced Deposit

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Following the end of the tenancy and the completion of the check-out inspection, the Tenants alleged that the Agent withheld their security deposit despite advising them that it would be returned. The Agent responded by denying that they had received payment of the deposit at the outset.

Parking Problems

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Parking is often a contentious issue and in this case the Landlord was aware that parking was problematic at the property and had therefore requested that the Agent set out the allocated parking arrangements in the tenancy agreement. However, following complaints from neighbours of the property, the Landlord examined the agreement and complained
to the Agent that they had omitted the requested parking clauses and had been ineffectual in handling the neighbour complaints.

Inadequate Referencing

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The Landlord let the property to the Tenant who paid no rent after the first month. She subsequently complained about the Agent’s referencing. The Agent responded, acknowledging that it had been a fraudulent application but defended their referencing
as adequate in the circumstances.

eBay Valuation

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

In this case, the Landlord alleged that three pieces of furniture were lost from her property whilst the Agent was instructed and, although the Agent acknowledged responsibility for their oversight, the parties could not agree on the amount of compensation to be paid.

Transferring a Deposit Between Agents

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The Landlord purchased the property with the Tenant in residence. She then instructed new managing agents and asked the previous owner’s Agent to transfer the deposit to her new agents. Following the Agent refusing to transfer the monies, the Landlord referred the matter to my Office.

Noisy Neighbours

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

After viewing the flat and agreeing a six month tenancy, the Tenant moved in to the property. However, after just one night the Tenant decided she could not live there due to noise experienced from neighbours. She demanded her rent and deposit back from the Agent.

Maintenence and Communication

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Following a number of outstanding maintenance issues, the Tenant raised a complaint alleging that the managing Agent had failed to address those matters in a timely manner. They concerned repairs to the toilet and the balcony door, along with the delivery of a replacement fridge.

Monitoring the Transaction

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Following the completion of the sale, the Sellers complained that the Agent had not financially qualified the initial Potential Buyers (causing them inconvenience in having to withdraw from the transaction) or chased and monitored the progress of the eventual Buyers’ mortgage offer (causing them further inconvenience). The Sellers also complained that the lack of updates received from the Agent had caused them to incur unnecessary cost in having to place their belongings in storage because a completion date was not achieved.

Marketing, but no signed contract

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

In this case, the recently bereaved Seller alleged that the Agent had marketed the property without his authorisation, resulting in a multi-agency commission fee claim from another agent whom he had already instructed.

Progress Notes and Communication 2

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

The Complainant was a successful Seller who wanted the Agent to reduce their commission fee (which he had withheld up to the point of my Review) as he considered that the service he had received had not warranted it. The Seller raised issues about viewings (saying that the Agent had left the Property unlocked on four occasions), a lack of updates and feedback, marketing costs and bias towards the Buyers. The Agent acknowledged that during one viewing a staff member had left a patio door unlocked, but had apologised profusely for their error.

Progression Notes and Communication 1

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

The Potential Sellers complained that the Agent had not made appropriate efforts to market the Property and that they had not received any contact from the Agent for over eight months to discuss the marketing strategy. The Agent disputed the Potential Sellers’ claims and referred to their progress notes to support their position.

Misdescription and the Property Particulars

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

The Property had been on the market with the Agent for one year after which the Seller
informed the Agent that they had replaced the laminate floor covering in one of the bedrooms and requested that the particulars be amended the Particulars within a reasonable time, the Seller raised a formal complaint asserting that the Agent’s shortcomings had prevented the sale of the Property.

Basic Complaints Handling

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

Following their offer being rejected, the Potential Buyers alleged that the Agent had advised them that the Property was not under offer at the time they viewed, when a sale had actually been agreed to another party. The Potential Buyers also raised issues concerning the manner in which the Agent had dealt with their subsequent complaint.