Estate Agent Problem

[JMas]

Dear Sir/Madam,
My property was left in the care of Thomas and Co. an Estate agency based in Milton Keynes. They let the property for me and unfortunately, when I went back to my property the situation was not very good. I will provide a summary of the problems with the property:

• Cigarette burn mark on carpet - not compensated
• Chipped door - not compensated
• Mould all over the house due to the property not being aired frequently - not compensated
• All the shelves on the fridge were missing - not compensated
• Springs on my garage door were taken off - not compensated
• I received a statement claiming a leak under a sink was repaired but it wasn't and a kitchen unit completely ruined - not compensated
• I received a statement reading that a new boiler fan was installed, a new circuit board was installed. After being inspected (and serviced) by a Corgi engineer, I was informed that a refurbished fan was fitted, which was not the correct component (illegal) and the wrong type of air pressure switch (illegal)
• Estate agency is not providing full documentation about the property, I don't have any landlord certificates. I have been chasing them for three months but I have not received any replies.

At this stage, I need help. I have already spent in excess of £5000 trying to repair the property and I would be very grateful for any advice on how to proceed.

Thank you all very much.

[MrShed]

Was there a deposit taken? Did the agency take a full inventory, signed, at the beginning of the tenancy? And a full check out at the end? What does it say about damages/deposits/etc in your written terms and conditions with the agent, if you have any?

[JMas]

Dear MrShed,
Thank you kindly for your prompt response. I should have said more at the outset. The letting agents were chosen by my parents and the deals were made between them (10 years ago, I'm 22). My parents are overseas residents. The current probelm occured this year, the property was fine last year.

When I asked the estate agent whether there were any contracts between the two parties, unfortunately, the answer was that the deals were all verbal.

Now, the property is mine and I need to find a way to deal with this situation, my parents have given up. I don't really have many documents. I have copies of eight months worth of invoices sent to my father (two key ones I requested are missing and I have the impression they don't want to give them to me) and two electricity certificates. I don't have any gas inspection certificates.

I have enquired about the deposits, but I am still waiting for a response.

I appreciate the fact that the situation doesn't look too good but is there anything I can do. I would be grateful for advice.

[Jeanjaquessmoothie]

You could request the information under the Data Protection Act to get the information, thats got to be the first step.

[MrShed]

You have little recourse without written terms and conditions I'm afraid. You certainly need those deposit details. Do you have the new contact details of the tenant?

[MrShed]

Oh and by the way....change letting agents!!!!

[JMas]

Dear all,
Thank you for your responses. Excuse my ignorance, how would I request the information under the data protection act?

I apologise if this question is adequately addressed in some other section of the forum.

Many thanks

[MrShed]

Do a search for "subject access request" on the forum

I think the contact details for the tenant is the key question here.

[JMas]

Dear MrShed,
By their names, the tenants don't appear to be local. I think they're Eastern European. I don't have their latest contact details, however they are in serious amounts of debt (I've dealt with several bailiff companies).

I will assume they probably are no longer in the country (as one of the problems involves a motor vehicle), however, I will request any contact details the estate agents have.

I am very grateful for your help.

[MrShed]

OK well lets consider your three theoretical options:

- Sue the tenants for the damage. This can be done regardless of the return of the deposit. However, you would a) need sufficient proof, which I doubt the letting agency have, and b) need contact details - and really c) they would need money! So this is fairly clearly a non option.
- Sue the letting agents for negligence. Usually, this would be relatively straight forward. However, the lack of written terms makes this infinitely more difficult. You MAY have some element of success on the simple basis that you would expect a letting agent to perform what has not been done. However, I doubt it. This again, is pretty much a non option - although if you have a letter in writing regarding the leak, you may have some success with this PORTION of the claim. However, it could be easily defended by saying it had reoccurred and the tenant did not notify them. It is worth checking as to whether they are a member of a professional body such as ARLA or NAEA, and if so put a complaint in.
- Sue the Corgi engineer who performed the work on the boiler. Possibly your best bet, but it only covers a very small part of the problems.

My advice? You have very little option but to write it off as a (costly) learning experience, change letting agents and get WRITTEN terms and conditions with the next one.

[JMas]

Dear MrShed,
Thank you for you advice, I am on the way of accepting my parents' judgements. There are quite a few things on many of the invoices I received that the agency claims to have been done but haven't.

One of the invoices says a new fan was placed on the boiler (£180 charged) on August 2006. When the boiler was opened, it was a refurbished fan that was done in January 07. I don't think a newly installed genuine fan would last little over four months. They claim to have repaired a gutter (£150 charged) but the gutters don't look new and they still leaked when I got there. The list goes on and on, it would total to at least £1000.

I guess you're right, with only verbal agreements, I don't really have much power.

I would like to thank everyone for their help.