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allan48

mismanagement of management agent

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Hi all

 

i moved from one part of country to another, couldn't sell house to made it a BTL and put in the hands of a management agent. Contract started December 2004. First couple of contracts were fine but then tenants from hell arrived.

They were put in by MA in february 2006, no DSS and one pet only.

in May i enquired why rent was late and insisted on an inspection. there were 24 cats, lady was running a rehoming service!!!

Further investigation proved that their reference was provided by the lady's mother and the gentleman had not worked for several years after claiming self employment as a consultant in a company that had folded 20 year before (checked with companies house)

In july i started the accelerated eviction process and finally got them out early november 2006. i took them to court for £3K of missed rent, put a CCJ on them and have received £10 in total. Given up on getting anything. Any way that i can enter into litigation with the management agent. The house needed gutting and refurbishing completely. i spent every weekend traveling 250 miles round trip to get it ready for a different agent January 2007.

 

any advice please

 

allan

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I'd say you have a very good case against the MA, check your contract and / or terms of business with them to see what you both entered into. 3K is a massive amount of money to be in rent arrears though, how did the agent let it get this high? What was the monthly rental on the place?

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just4let

 

the rent was £750 per month on AST for 6 months. By 25/8, arrears were £1750 which was the basis of the small claim. However warrant of possession was executed 2/11 by which time the arrears were £2697.50 + court/bailiff costs.

The repair bill and time used increases this massively.

 

allan

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just4let

 

the rent was £750 per month on AST for 6 months. By 25/8, arrears were £1750 which was the basis of the small claim. However warrant of possession was executed 2/11 by which time the arrears were £2697.50 + court/bailiff costs.

The repair bill and time used increases this massively.

 

allan

 

Ah that answers it then.

 

Amazes me why so many people leave possession notices so long before serving.

Had I been managing this I'd have served a section 21 as soon as the tenant went into arrears, month ONE, then a section 8 as soon as the second payment was missed, as long as the account was in arrears for 8 weeks or 2 months (£1500) you could have evicted via section 8 route DURING the fixed term and not waited till November.

 

All in all I think it was very poorly managed from the off and of course as a Landlord I wouldn't accept this but trying to get some kickback from the agent nearly 3 years after the fact personally I think you have left it too late but of course you do have 6 years so why not give it a go.

 

Frankly if you came to me 3 years after, my defense would be that you HAVE the order for payment and if you have not collected on this then you can't possibly ask me for it!!

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