Problems with Managing Agent

[Landros]

Hi,

 

 

I realise that this may not be the ideal forum for this question but given the excellent help that has been offered here to me previously I thought I would throw this one out there in case anyone can answer or could point me in the right direction.

 

 

My partner rents a property which has been managed (poorly) by an agent for a number of years and fallen into significant disrepair. We suspect that they have not upheld their end of the agreement by performing routine inspections as they have never raised a query with us and there are issues such as a broken window, ripped off door frame, sockets hanging from walls etc. Additionally she was billed for a gas safety certificate which was never carried out.

 

 

She cannot locate her original contract

 

 

After the shocking lack of diligence on their part we have elected to not have them manage the property going forward, though we did allow them to locate a tenant since they already had one in line on a finders only arrangement.

 

 

We have requested the following, with their response to a detailed email consisting only of the in-line replies in caps below.

 

 

- Statements (PLEASE ADVISE WHICH PERIODS YOU REQUIRE)

- Gas certificate or company used in January (I WILL LOOK INTO THIS)

- Copy of your assessment & inspections from the departing tenant (WE HAVE NO POLICY OF SUPPLYING THIS INFORMATION WE HAVE PROPOSED A FULL RETENSION OF THE BOND AND WILL UPDATE YOU WHEN APPROPRIATE)

- Copy of your proposed statement to DPS regarding the bond (WE HAVE NO POLICY OF SUPPLYING THIS INFORMATION WE HAVE PROPOSED A FULL RETENSION OF THE BOND AND WILL UPDATE YOU WHEN APPROPRIATE)

- Confirmation of the keys you hold & when I should receive these (AS WE WERE AWARE YOU WERE IN POSSESSION OF A SET OF KEYS ALL REMAINING KEYS WERE PASSED TO THE NEW TENANTS)

- A copy of the new tenancy (A COPY OF THE TENANCY WILL BE SENT OVER WITH 2/3 WORKING DAYS)

 

 

Does anyone have any experience of dealing with managing agents?

 

 

We'd like to know please initially;

 

• What legislation they must adhere to as an agent?
  
• If they have a legal right to withhold the documents we have requested?
  
• Are they able to sign a tenancy on behalf of the landlord for a finders-only arrangement?
  
• Are they legally obliged to retain a copy of the original contract and supply one when requested?
  
• Is there a data access request, similar to a SAR, which would be applicable in this scenario?
  

 

 

We feel that they have charged the managing fee and performed none of their duties as a managing agent and propose to take action against them via small claims and need to evidence this claim as effectively as possible.

 

 

Thanks Everyone!

[Landros]

I guess from the lack of responses that this isn't anyone's area of expertise, no problem at all i knew this wasn't necessarily the right place but the landlords forums aren't all that helpful.

 

For anyone who is interested, we're going to send them a SAR and request things which are typically not covered by a SAR and see what they come back with as I doubt they will have received one before given they're a fledgling agent so they might just give us everything we've requested

 

Thanks!

[maroondevo52]

Hi Landros,

 

I've shifted this thread to the Residential and Commercial lettings/Freehold issues Forum, you never know you might get some help in there, I'll also 'flag' it up for Site Team.

 

Regards,

 

Scott.

[ericsbrother]

have they let the new tenants in without you signing the tenancy? They dont have the authority, just to find a tenant.

Speak to ARLA about then agents and see if they are members. If not you may have to try seraching ther details of teh TDS legislation and as YOU are responsible for the deposit they cannot avoid telling you about the bond as you can place the money into a client account of your own if you wish. Telling them that you are going to do so (be serious about being a landlord) and take control of your investment.

[stu007]

Hi

 

Your Partner rents a property (so they are a Landlord) and have employed the services of the managing Agent to look after the property? is this correct