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    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. 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The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.
    • If you look at your credit file..what debts show that youve not recently paid or not paid in a longtime?   might give a clue?
    • Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfill our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 -  Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm.                         Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR.   20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair; terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, basically refusing our request while coated in lashings of sarcasm and arrogance.   I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.     EWC-Contract.pdf
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Letting Agency - No property inspection since October 2019 - House now in disrepair


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My daughter let out a her home via a letting agency, she recently visited the property to find the house in an awful state

 

1. Rear garden full of rubbish including a fridge and rubbish bags

2. Damp in the bathroom and kitchen

3. Rear house wall damaged by water leaking possibly from next door neighbours guttering causing water to fall down her rear house wall causing the damp

 

It will cost her 1000's to fix the damp

 

She took pictures of the damp and rubbish in the garde,

She contacted the letting agency requesting when last property inspection done, the last property inspection done in Oct 2019. Which is 2 years ago and the excuse the letting agency has for not carrying out property inspections since Oct 2019 is the covid pandemic!!

 

As long as there is no reason for concern we only keep the most recent inspection on file. 

 

She has taken pictures of the damp, rubbish and damage to her house, she thought the letting agency had been carrying out property inspections every 6 months, she is paying them to manage the property.

 

Where does she now stand? Can she get the letting agency to get the back garden all clean up and the rubbish all removed without her having to pay for it?

 

Edited by linzie
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H i linzie

 

What is important here is your Daughter is the Landlord of the Property and has Employed the Services of this Letting Agent to manage the Property of her behalf.

 

Your Daughter need to have a good read of the Agreement that she signed with this Letting Agent.

 

She also need to check if this Letting Agent is signed up to any other companies that regulate how they operate and their code of conduct as she can contact them for advice i.e. if their is any reason they should not have carried out planned inspections during COVID-19.

 

IMO your Daughter needs to write to this Letting Agent and ask why these Inspections have not been carried out and if they are still going to give the reason of COVID-19 you require Full Clarification as to what Legislation/Regulation they are relying and the specific area and why you the Landlord were never notified of this.

 

Have the Tenants in the Property reported these faults to the Letting Agent before your Daughter had a look?

 

Who is the Letting Agent?

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The letting agency is a small family business just the single branch, my daughter has now been told she is responsible for removal of the rubbish inc fridge in the back garden because she is the landlord and the letting agency is not responsible for the rubbish removal as all they do is manage the property for her.

 

Her lodger has not notified the letting agency of the rubbish in the back garden or the vast amount of damp now in the kitchen, bathroom and around the house because my daughter was unaware until she personally went to the house recently and was shocked at the disrepair and state of her house.

 

My daughter visited the property sometime in 2019 and all the garden was clear, so its obvious the letting agency are at fault and blaming lockdown BUT the lockdown have been relaxed since 2019 which meant the letting agency had the opportunity to carry out inspections.

 

Letting agency is telling my daughter she must pay all costs to remove/clear the rubbish because she is the landlord and is responsible for all rubbish. If this is true, can she get the lodgers bond money from the letting agency to pay for the removal and clean up?

 

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1 hour ago, linzie said:

Letting agency is telling my daughter she must pay all costs to remove/clear the rubbish because she is the landlord and is responsible for all rubbish. If this is true, can she get the lodgers bond money from the letting agency to pay for the removal and clean up?

 

A typical AST agreement (this example is the gov.uk model agreement) will say something like this: "The Tenant must remove all possessions (including any furniture) belonging to the Tenant or any Member of the Tenant’s Household or visitor and all rubbish from the Property at the end of the Tenancy. If any such possessions are left at the Property after the Tenancy has ended, the Tenant will be responsible for meeting all reasonable removal and storage charges." [my bold]

 

So yes your daughter should be able to claim the costs of rubbish removal from the deposit. Your daughter needs to check the precise wording of her tenancy agreement.

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Daugther requested tenancy agreement only to be told lodger is on periodic 4 week rolling tenancy. Letting agency will not give her a copy of the tenancy agreement, have also said it is against GPDR rules

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That's possibly the most absurd and ridiculous GDPR excuse I have ever heard! Your daughter is a party to the contract, so of course she's entitled to it and to know the obligations of the tenat she's in a contractual relationship with. GDPR has absolutely zero to do with this.  Apart from anything else, as they are your agent if you weren't allowed to see the agreeemnt they wouldn't be either!

 

Others on site team may be able to confirm this, but my understanding is that if the original AST expires and the tenant stays in the property all the terms of the original AST continue exept those about notice and termination. 

 

Why are you describing the tenant as "the lodger"? A lodger is someone who is renting a room in a property where the landlord, your daughter, is living. That can't the case as you say your daughter hasn't been to the premises for two years. Who has been living in your daughter's property? How many different tenancy agreements?

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Hi 

 

Thanks for your response to my questions.

 

1. You say they are Lodgers is this correct? (are you sure you don't mean 'Tenant')

 

2. What type of Tenancy Agreement do they have?

 

3. Rubbish/Garden Maintenance - This is the Tenant responsibility and should be in the Tenancy Agreement and your Letting Agency should be enforcing this with said Tenant by writing to them and informing them to remove the rubbish and maintain the Garden. If you then need to do this you will need to inform the Tenants giving them notice that if Rubbish not removed and Garden maintain and you need to employ somone to do this this will be taken from there Tenancy Deposit make sure you do this and keep a record of this.

 

WWW.GOV.UK

Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice

 

4. You mention Lodger Bond Money. (Again I hope you mean 'Tenant', Bond Money I also hope you mean their Deposit is protected in a Tenancy Deposit Scheme and the tenants were given a copy of the prescribed terms of that scheme as is legally required)

 

5. If this is England I also hope the Tenants were given a copy of the How to Rent Booklet.

 

WWW.GOV.UK

This guide is for people who are looking for a house or flat to rent.

 

Reference your post#5

 

6. The Letting Agency cannot refuse to provide you with a copy of the Tenancy Agreement signed due to GDPR as you are the Landlord that has employed them to provide a service and you are required to have copies of this Tenancy Agreement especially for any Breaches of that Tenancy Agreement you need to know what that Agreement states to take action against those Tenants.

 

I would therefore challenge that Letting Agency and not ask but Demand a Copy of that Tenancy Agreement as you are the Landlord not them and are legally required to have a copy of that Agreement and if they insist no due to GDPR then you ask them to provide you with the evidence of which Article and section of the GDPR they are relying on to refuse the Landlords legal request for a copy of this Tenancy Agreement.

 

WWW.PRIVACY-REGULATION.EU

Easy readable text of EU GDPR with many hyperlinks.

 

7. Do you actually have a copy of the Agreement that you signed with this Letting Agency? (not tenancy agreement your own personal agreement with the letting agency)

 

 

Sorry if this sounds a bit blunt but your Daughter need to stop being nice with this Letting Agency and remember they are working for your Daughter not the other way about and your Daughter is paying them for that Service so basically  your Daughter (The Landlord) has employed the Services of this Letting Agency to provide a Service to look after and Maintain the Landlords Property by entering into a Legal Agreement paid for by your Daughter (The Landlord).

 

Please Name this Letting Agency?

 


 

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She has a tenant in the property, she has requested a copy of the tenants agreement which the tenant signed but this has not been provided.

 

I will get her to request a copy of the agreement she/may daughter personally signed with the letting agency.

 

The tenancy is now periodic month by month so tenant is not fixed into a long term contract.

 

The house is now severely damaged by damp and will cost 1000's to fix money my daughter does not have! The damp has been allowed to destroy the house over the last 2 years when no property inspections have been carried out.

 

Where does my daughter stand with the costs to repair the house damp damage which has destroyed the walls/plastering and it looks like it will need a rebuild of the plaster boards timber etc to get fixed especially the kitchen, bathroom and rear of the house wall from the guttering all the way down into the garden that entire extrior is now damaged by water seeping into the house causing the damp inside.....

 

The tenant is at fault too for not mentioning it  to the letting agency

 

The tenants bond money is not enough to fix the damage due to damp.

 

If my daugher gets a surveyor report from a damp specialist, can she then get the letting agency to pay for the repairs to the house? The letting agency is part of the ombusdman for letting agents. My daughter has spoke to them , been advised to make a formal complaint to the manager and wait 14 days, if no resolution to fix the severe damp, then it will escalate

 

Can my daughter request refund of the management fees over the last 2 years as clearly no property inspections/maintenance/nothing has been carried out by the letting agency?

 

Edited by linzie
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Hi

 

In my Post#7 please Read number 4.

 

Reference the above in your above post again you mention 'BOND MONEY' what Bond Money? again I will ask is this Bond Money or is it a Tenancy Deposit in a Tenancy Deposit Scheme which legally any Deposit know needs to be registered in and the Tenant needs to be given a copy of the Tenancy Deposits Prescribed Terms (has the Tenant also been given a copy of the prescribed terms?)

 

In my Post#7 Read Number 5

 

You have not answered the above has the Tenant if in England been given a copy of the How to Rent Booklet?

 

You need to when posting here about this use the correct terminology as there is a major difference in law and rights between for example a Lodger and a Tenant also Bond Money and a Tenancy Deposit Scheme.

 

You also need to answer the questions asked properly.

 

Is there any reason that your daughter can't register on CAG as this would be better coming from her rather than a third party?

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My daugter has a tenant, who is part of Tenancy Deposit in a Tenancy Deposit Scheme with the letting agent.

Since my daughter is a paying a management fee to the letting agency to fully manage the property, she would assume the Tenant has been given a copy of the How to Rent Booklet? by the letting agency.

 

My daughter raised some concerns to the letting ageny and has received a response

 

The general condition of the property is good.. Issues beyond control tenant kitchen & bathroom area  fixtures & fittings are sub-standard not fit for modern day.. Condensation in bathroom why dont you fit extractor fan to fix the damp? There are high moisture readings within the kitchen due to lack of ventilation & what appears to be issue from the neighbouring property.

 

If property inspections were done prior to Oct 2019 why were these issues no raised? or why not raised on the last property inspection in Oct 2019? The house was fine, there was no damp.

 

 tenant accepts the oven she has put in back garden but says other rubbish is not hers and has been fly tipped. neighbouring gardens & the area in general also show rubbish in the back gardens so it is fly tipping. She has been told to clean up the garden.

 

After careful consideration of our management portfolio & change in strategic approach  it is with regret I must inform you that going forward we will no longer be in position to continue management of street name & would be looking for handover from Feb 2022 where formal handover can take place to yourself or management agent of your choice.

 

The letting agent has never visited the property in 2 years since Oct 2019 and all of a sudden has gone to take pictures after my daughter complained to the letting agency!!

 

It will costs £1000's of pounds to fix the damp damage to the house, can this be claimed back due to the letting agent not inspecting the property since Oct 2019?

 

Prior to Oct 2019 there was no damp, damp damage has been allowed to happen by the letting agency not carrying out property inspections but taking the manangement fee and the tenant being allowed to.

 

Daughters too busy with her kids and now all this headache with the cost to repair going into the £1000's and all due to the letting agent not doing what they have been paid to do

 

 

 

 

Edited by linzie
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Hi

 

Your Daughter needs to stop assuming the Letting Agency has done these things and get it in writing that they have done these because at the end of the day if this has not been done the buck stops directly with your Daughter as she is the Landlord.

 

As for the Letting Agency now stating the kitchen & bathroom fittings sub-standard not fit for modern day really so why have they not raised this before letting the property until you challenged then on the issue. They are trying to get out of there responsibility.

 

The lack of ventilation in the kitchen & Bathroom stating to fit extractor fans well if there are windows in both areas there is your ventilation simply open the window. Are there windows in both the kitchen & bathroom?

 

With the Tenant irrespective she has admitted the oven is theirs and the other rubbish isn't they signed a tenancy agreement for that property and are responsible for getting rid of that rubbish irrespective of their claim it isn't theirs rubbish as you have no proof of that it is that tenants responsibility to get that rubbish removed.

 

Again your Daughter needs to read fully the Agreement that she signed with this Letting Agency and their claim that they couldn't do inspections due to COVID-19 is also an excuse as other letting Agencies were still carrying out inspections during COVID-19 following all Guidance especially when the restriction were eased a while ago so they are using an excuse and you daughter needs to ask them in writing about this as they had ample time to do an inspection before your daughter raised these issues and at the same time to as for a copy of their insurance companies details.

 

If your Daughter is to busy with her kids them how is she going to deal with this as she is the Landlord.

 

So I would be challenging that Letting Agency in writing i.e.

 

Dear Sir/Madam

 

Reference: Property located at (insert full address)

 

Formal Complaint

 

Further to my discussion with your Letting Agency on your failure to carry out Property Inspection as required per our Agreement and that the property is now in some disrepair that its going to cost me the Landlord a few thousand pound to rectify I require the following:

 

1. Full clarification why you have failed to carry out any property inspections since XX/XX/2019 to date and only informed me after I went to inspect the property and reported the damage to yourself and was to it was due to COVID-19 which I cannot accept as other letting agencies were still carrying out inspections especially when the restrictions had been eased.

 

2. You recently stated that the kitchen & bathroom fittings are sun-standard and not fit for modern day which was never raised previously with myself when you took on my Property and know you mention this when I have asked you about the damage in both these areas due to damp and mold. There are windows in doth these areas if opened provide adequate ventilation and I require full clarification from yourself why you are only raising this issue now.

 

3. You state the lack of ventilation in the kitchen an bathroom to fit extractor fans. Why was this never raised previously when you took on my property and I must point out that both these areas have windows which if open provide adequate ventilation to prevent condensation/mold and require full clarification from yourself for this statement with links to the relevant Government Legislation with the exact section you are referring to.

 

4. I would like to be provided with details of any bodies your are register wit as a Letting Agents.

 

5. I would like to be provide with the details of your Insurance Company.

 

6. I would like to be provided with a copy of your Complaints Policy.

 

7. I would like to be provided with a copy of the Tenancy Agreement for my Property.

 

8. I would like detail of the exact Tenancy Deposit Scheme my Tenant Deposit is Protected in and confirmation that my Tenant has been given a copy of the Prescribed Terms of that Scheme.

 

9. I require confirmation that my Tenant has been given a copy of the How to Rent Booklet

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Post 11 has excellent issues to raise, the letting agency know they have messed up big time now they are ending the management of the property in Feb 2022 to escape paying for the £1000's in damage to the house.

 

Daughter has requested the Agreement that she signed with this Letting Agency, but they have not provided it. They have also not provided the tenancy agreement with the tenant.

 

More things to add to complaint

 

1.Please arrange for the garden to be clean up and cleared of the rubbish by (date)

2. Please refund the letting management fee you have been deducting from Oct 2019 when you last carried out an inspection upto Feb 2022

3.Why have I not been provided with receipts for any works carried out in the property by yourselfs?
4Why I not received regular updates on the property?
5.Why have I not received regular account statements?
6. Please explain each time I wanted to view my property, every time some excuse was made that the tenant was unreachable

7. Please arrange for the tenant to be at the property on (date) so a builder and surveyor can inspect the property. Failure to do so will mean you have broken the terms and conditions of your agreement.

8. Please explain why no rent reviews have been carried out and why the rent has always been the same?

 

 

Edited by linzie
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Hi

 

Since they seem to be slow in giving copies of the Agreement signed with them and the Tenancy Agreement signed by Tenant remember you are the Landlord and as such are legally entitled to copies of those Documents.

 

Never put please in that list you are the Landlord I would word those differently i.e.

 

1.I require (insert letting agency name) to arrange for the garden to be fully maintained and cleared of the of all rubbish by (date) and the costs for this to be notified to the tenant as this will be taken into account with the tenancy deposit and also yourselves for failing to carry out property inspections

 

2. I am now requesting a full refund of the Letting Management Fees from (insert Letting Agency Name) that have been getting deducted from Oct 2019 when you last carried out an inspection up to Feb 2022 as (insert letting agency name) have failed to provide that service. 

 

If you fail to provide this refund I require full clarification as to you reason and where it states this in the Agreement that I signed with your Letting Agency.

 

3. I require clarification why I have not been provided with receipts for any works carried out in the property by (insert Letting Agency Name) and to be provided with copies of these.

 

4. I require clarification why I not received regular updates on the property from (insert Letting Agency Name) to date.

 

5. I require clarification why have I not received regular account statements from (insert Letting Agency Name) and to be provided with copies of those accounts.

 

6. I require clarification why each time I wanted to view my property I was given numerous different excuses or that the tenant was unreachable by your letting agency.

 

7. I require (insert Letting Agency Name) to give the required notice to the tenant that they need to be at the property on (date) so a builder and surveyor can inspect the property and I require confirmation that this has been carried out. Failure to do so will mean you have broken the terms and conditions of your agreement.

 

8.  I require clarification why the rent has remained the same without any rent reviews carried out by (insert Letting Agency Name).

 

 

Please name the Letting Agency let me do some digging into them

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My daughter has decided to get rid of the tenant and wants the letting agency to issue a section 21 notice, the letting agency have said its not part of the management fee she is paying every month, they want £110 for it.

 

Tenant has been at property for 10-12 years and at no point during this period my daughter tells me, she was provided with the tenancy agreement which the letting agency apparently renewed each year with the tenant. She should have got 10-12 tenancy agreements but never got a single one.

Legally should copies of the tenancy agreement over the 10-12 period have been provided to my daughter?

 

My daughter asked for the rent to be increased asked the letting agency to send the tenant a letter and a copy of the letter to her, which she has not received.

 

The letting agency is single business, if it was a national business it would be easier to provide the name at this stage.

 

The damage to the back of the house appears from neighbour's guttering water coming all down the house, the walls have turned green/black with the constant water, this seems to be causing the damp in the bedroom, kitchen and throughout the house.  If property inspections had been carried out this would have been nipped in the bud and fixed, but now its going to cost at least several £1000's.

 

The tenant didn't raise anything since 2019 to the letting agency about this or about the fly tipping he claims is in the back garden.

 

Letting agency bad

Tenant bad

 

 

 

 

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Hi

 

Everything you are asking in your last post is difficult to answer as this is to do with the Agreement that your Daughter (the Landlord) signed with the Letting Agency and without seeing that it is difficult as said to answer.

 

As an example your first question as she wants to serve notice but letting agency wants to charge £110 for this. (this comes done to what is in the agreement the Landlord signed with the Letting Agency)

 

Your Daughter need to fully read and understand the Agreement she signed with this Letting Agency.

 

I will ask for the last time please name this Letting Agency as I see no reason not to if everything stated here is correct

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Daughter has requested both the tenancy agreement and also the agreement she signed. She's also sent her complaint in 1st class recorded to letting agency. She will be taking them to smalls claim court if they refuse to refund the management fees for past 2 years or refuse to clean the garden or pay for the cost of removing the damp damage etc. Naming the agency at this point would be counter productive if the case goes to small claims court or legal methods are use on the letting agency.

 

Will keep you updated once she gets a reply back

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Hi

 

Naming the Letting Agency would not be counter productive even if this goes to court as long as everything stated here is true as we can research that specific Letting Agency.

 

What you could also do as they are being difficult and I would actually suggest doing this is to send them a Subject Access Request (SAR) asking for 'ALL DATA' since entering your Agreement with said Letting Agency and for your Property at XXXX Address (this means it does not matter what format that data is held whether it be written, emails, recorded calls etc. it means ALL DATA such a simple phrase to use).

 

They then have 30 Calendar Days to respond and that Time Limit only starts once they acknowledge receipt of your SAR Request.

 

They may get difficult and ask to prove Identity which will then extend the time limit but if they know you are the Landlord already this will be used as am underhand tactic and not allowed.

 

If they do breach the SAR by not abiding to the Time Limit or not giving the requested Data you write and inform them that they have Breach they Subject Access Request Time Limit and you are reporting the matter of their failure to the Information Commissioners Office (ICO).

 

 

Keep us update on how this is going and Be Safe

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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The letting agent has said 'After careful consideration of our management portfolio & change in strategic approach  it is with regret I must inform you that going forward we will no longer be in position to continue management of No 10 & would be looking for handover from Feb 2022 where formal handover can take place to yourself or management agent of your choice'


How can the letting agency leave the management of the property and end it all of a sudden in Feb? Don't the letting agency have to give notice to the tenant that they are no longer going to manage the property?

 

My daughter has to give section 21 notice which is 4 months notice to the tenant, so how can the letting agency stop the manangement of the property in Feb 2022?

 

My daughter - can she put a request the letting agency ' handover the property back in its original condition without damp damage, without damage to exterior of the property at the back and no rubbish in the garden and without the tenant in the property?

 

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My daughter wants to demand she will not take the house back from the letting agent in Feb 2022 until the tenant is out the property and the house returned back to its original state it was before the tenant, is this possible?

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Has your daughter asked for all the information stu007 suggested she should get hold of? I think your questions could be hard to answer unless we can see things like contracts.

 

Does your daughter have any paperwork for this property?

 

HB

Illegitimi non carborundum

 

 

 

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She has sent the letter now waiting for the response.

If section 21 needs 4 months notice to tenant to leave, can my daughter demand the house be given back without the tenant and in its original state and she does not want the house back in Feb 2022

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I really think a lot of this information will be in the contract with the agent.

 

We can't guess this kind of thing and I don't think you would want us to. Maybe she could chase up the documents? I'd have thought they could be emailed.

 

HB

Illegitimi non carborundum

 

 

 

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Hi

 

honeybee13 is absolutely correct it is difficult to answer your questions as we DO NOT know what is in the Agreement your Daughter (the Landlord) signed with the Letting Agency.

 

I am afraid your Daughter irrespective of having Kids is the Landlord in all this and need to start seriously getting her head around that and doing a lot of research on a Landlords Responsibilities. If your Daughter was taking this serious then she is the one that would be asking all these questions as getting it from a third party things can get lost in translation so to speak.

 

As for the reason the Letting Agency has given in post#18 if you notice they say nothing about your Daughters issue with them at present and without even seeing the Agreement signed they have played a blinder as the reason they are giving is 'management portfolio & change in strategic approach' which because of COVID-19 and Businesses needs they can actually use.

 

What I would ask them in writing is due to the above reason:

 

I require clarification from Letting Agency that the reason 'After careful consideration of our management portfolio & change in strategic approach  it is with regret I must inform you that going forward we will no longer be in position to continue management of No 10' given is my property the only property being let go by your Agency due to this reason?  (DO NOT add to this about your present issue leave it exactly as I have wrote it all you want from them is a simple YES or NO)

 

Whether it is a Breach of the Agreement your Daughter signed with them is at present Unknown as we don't know what's in it   

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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