Hi All
this post is to inform people of what is and is not possible when you have a dispute. I think it is both useful for tenants and landlords.
As some might have read I had a fairly unpleasant experience over the last year with my previous landlord/agency. Although some here on the site have given me useful information, this still did not satisfy me and I decided to ask an independent organisation to look into this. I did this not to get personal gain but to see what is and is not legal and to help future tenants who might sign up with this agency.
Finally after several weeks of communication between me and the Trading standards they finally had a meeting with my previous landlord/agency and below an outcome of the result.
1. Issue relating to advertised rental prices
I had a dispute with the agency regarding what they advertised and what they asked (this related to offers in excess of). See below the reply.
With regard to the issue of pricing I will have to seek some further advice from the Office of Fair Trading as the practice of asking for "offers in excess of" with regard to rent is unusual and I can find no precedent for it. I have advised the agents that they cannot charge tenants over the amount stated in their advertisements if no "offers in excess of" statement is included in the advert.
Also that they should not raise rental charges after they have been agreed with prospective or sitting tenants am not particularly happy with the "offers in excess of" practice as applied to lets as I feel it may give rise to an auction of sorts. It may ,however, not be an illegal practice.
2. Issue relating to for sale signs.
I had a dispute with them regarding signs they put up for 'marketing' purposes that the house was for sale, sold and let out.
I am not happy with their conduct regarding sale boards and I have reminded them of their responsibility to remove boards from properties that are not for sale (or let) as soon as possible. They are aware that they can be prosecuted for falsely suggesting that they are selling or letting a property when it is not for sale or let.The placement of their boards will be monitored by officers from this service and some form of enforcement action will be taken if the practice continues
3. Disposal of mail
Their explanation for the disposal of your mail was that it was disposed of by contractors or builders who were beyond their control. I mentioned to them that it is illegal to dispose of another persons mail (though this law is not enforced by Trading Standards) and I will include advice not to do so and not to breach any agreement with their tenants to forward mail.
Trading Standards will be advising the company further on various contractual issues and will make it clear that they cannot unilaterally alter terms of a contract without the permission of the tenant (and in some cases the landlord).
It is very important that Estate Agents are transparent in their dealings with the public and that the identity of all interested parties in any particular property are declared to tenants and prospective purchasers. The agent will be advised about their responsibility in this area and their conduct will be monitored
I hope this helps others who might come across similar situations
Sorry for the long message, but it could be of nice reference and nothing could be left out
LMS