Guaranteed Rent

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

Complaint

Following the end of the tenancy and the tenancy deposit scheme awarding the full amount of the deposit to Mrs I (the landlord) in respect of damage caused to the property, she raised 21 different complaints concerning the Agent’s conduct which she asserted had contributed to the problems arising. Mrs I’s central claims were that the tenant found by the Agent was unsuitable for the property, that they failed to undertake proper references and that they did not carry out inspections during the tenancy which would have alerted her to the problems sooner. The Agent’s response was that they had obtained acceptable references, that they were not responsible for the tenant’s behaviour and that they were, therefore, not liable for the balance of the costs not settled by the security deposit.

Incorrect Notices

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

Complaint

The landlord, Mrs H, entered into a guaranteed rent arrangement with the Agent. However, following a series of rental payments being missed, Mrs H instructed the Agent to regain possession of the property. After a number of months, Mrs H became concerned about the time being taken and, following a number of her letters not being responded to, raised a complaint.

Holding Deposit and Pre-Tenancy Conditions

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

Complaint

The prospective tenant, Miss F, paid a holding deposit and administration fees to the Agent on the condition that the landlord agreed a break clause which met her employer’s approval. Miss F asserted that an agreement had been reached that if this requirement proved impossible she would get her money back. Unfortunately, following a suitable break clause not being agreed, Miss F withdrew and the Agent stated that they would only refund half of the monies.

Damage Deposit and Rent Arrears

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

Complaint

The Agent had arranged a two year tenancy between the tenant and the landlord, Mr G. By the ninth month the tenant had accrued £6,900 rent arrears and had caused approximately £2,000 worth of damage to the property. Mr G commenced possession proceedings and a Court hearing took place at the tenth month where the judge awarded possession to Mr G together with an order for the rent arrears owed by the tenant. The matter of damages to the property was not considered by the Court. However, unbeknown to Mr G, a few days before the Court hearing, the Agent agreed with the tenant that due to the severe rental arrears the deposit of £1,592.28 would be released in full to cover some of that debt. After being informed of this development, the judge deducted £1,592.28 from the money judgement order for rent arrears awarded to Mr G. Mr G then complained that the Agent’s actions had denied him the opportunity of seeking payment towards the damages via the
tenancy deposit arbitration process and instead, was left with no option but to commence further legal action to recover these monies.

Where is the Holding Deposit Agreement?

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

Complaint

After the Agent found a potential tenant who wished to move into the property immediately, Mrs E, the landlord, paid the existing tenant £500 to end the tenancy early. She did so on the assumption that the £500 holding deposit received by the Agent from the prospective tenant would mitigate her loss should the new tenancy not proceed. However, following the prospective tenant withdrawing due to personal reasons, the Agent kept the £500 holding deposit.

Reckless Referencing

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

Complaint

Mr and Mrs D were the landlords who had instructed the Agent on a tenant find only basis. Following the Agent undertaking this task and installing the tenants in the property, rental payments stopped and Mr and Mrs D found themselves in the position of having to take legal action to regain possession of the property. Mr and Mrs D referred the dispute to my Office following the conclusion of legal action which had removed the tenants from the property but had left them with a substantial shortfall in rent.

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.