References & Missing Documents
Complaint
The Landlord had instructed the Agent to find a tenant which they did. After approximately three months the Tenant stopped paying the rent. The Landlord served a Section 8 Notice on the Tenant who vacated the Property with rent arrears of more than £1,500. The landlord accepted that the Tenant was responsible for paying the rent but after conducting some research she was concerned that the Tenant had passed the Agent’s reference criteria.
Investigation
The Agent had used a reputable referencing provider to ascertain whether the Tenant was acceptable. The reference provider’s report confirmed that from the information provided, the Tenant was acceptable provided that the Agent obtained proof of residency and identification. The Agent had stated that they had obtained this documentation but failed to provide the same to my Office despite a number of requests.
Outcome
I pointed out that it was crucial that an agent sends me their full file, not just what they feel suits their case. In the absence of these documents, I assumed that the Agent had not obtained the necessary and important information from the Tenant and, as such, had not complied with the TPO Code of Practice. However, I advised the Landlord that just because the Agent did not obtain these documents it did not mean that the Tenant could not have supplied the said documents. The Landlord also made a Complaint concerning the way in which the Agent had handled the complaints which I supported. I made a total award of £250.
Learning
It is simply not sufficient to make a claim without providing any documentation to support that claim. TPO always requests Registered Firms to provide their complete file. If documents relevant to the complaints raised are missing, an award is likely to be made, as these omissions cause complainants further inconvenience by denying them the opportunity of a full review of their grievances.