Communication and Record Keeping

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

Complaint

The Landlords complained that the Agent had not given adequate notice of the Tenant’s
intention to vacate the property, that they had not chased up rent arrears and that they had
failed to adequately respond to their subsequent Complaint. The Agent responded by stating
that the Landlords were already aware of the Tenant having given notice and referred to the
contemporaneous progress notes on their file to support their view.

Investigation

The Agent’s contemporaneous notes recorded that they had informed the Landlords of the
Tenant’s intentions and this was a point the Landlords had actually acknowledged in previous correspondence. Regarding the rent arrears, the Agent’s file demonstrated that they had written to the Tenant promptly to chase payment and that, following receipt of the monies, had transferred these quickly to the Landlords. It was also clear from the Agent’s records that they had responded to the subsequent Complaint promptly, addressing all of the issues raised.


 

Outcome

As the Agent had been able to support their comments with the contemporaneous records
and documentation on their file, I did not support any of the Complaints.


 

Learning

When submitting a complaint or a response to a complaint to TPO, full documentary evidence should always be provided to enable a thorough review of the issues to be onducted. By submitting a complete file containing contemporaneous records of their interaction with all parties, the Agent was able to refute the allegations made against them.