A Missed Opportunity

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

Complaint

The Landlords had instructed the Agent to let and manage the Property for a period of more than 19 months. However, following the Tenants vacating the Property, the Landlords subsequently spent £1,500 repairing damage caused by prolonged misuse and a lack of care and cleaning by the Tenants. They claimed on the deposit and sought the balance of their losses from the Agent.

Investigation

My investigation of the Agent’s file found no evidence that they had carried out any routine
inspections during the 19 months that they had managed the Property. I also observed that, despite the Landlords asking the Agent to remind the Tenants to comply with their Tenancy obligation to professionally clean the carpets before they vacated, the Agent failed to do so or give the Tenants any direction as to what they should do to prepare for the end of the Tenancy. Regarding the deposit, it was apparent that the Tenants had not contested the Landlords’ claim. However, after allowing four months for the Tenants to do so, the
Agent then took another four months to release the deposit to the Landlords, and only after persistent chasing on the Landlords’ part. The Agent offered £100 to settle the complaint which the Landlords agreed to if the deposit was paid within 14 days. The Agent then ignored the Landlords’ acceptance letter, following which the Landlords had referred the dispute to my Office.

 

Outcome

Given the number of persistent failings, the consistent chasing required by the Landlords and the Agent’s unacceptable delay in releasing the deposit, I supported all of the complaints and made an award of £425. Learning An agent has a duty under the TPO Code of Practice to release undisputed deposit monies as soon as administratively practicable. If the transfer is to be made to the tenant then there is a time limit of 10 working days to complete this task.

 

Learning

An agent has a duty under the TPO Code of Practice to release undisputed deposit monies as soon as administratively practicable. If the transfer is to be made to the tenant then there is a time limit of 10 working days to complete this task.