Need for Letting Agent/Landlord Regulation

Planner

Heres the story of my recent move from rented property to rented property;

Gave notice on the old rented place which I had been in for two years. Letting agents managed everything (although strangely enough the landlord lived right next door to us!). Deposit of £600 protected with DPS.

Everything fine so far, moved out on 12th June. Letting agents satisfied at check-out, landlord satisfied (in fact they moved in the day we left and are going to rent their larger property out).

I subsequently request full deposit back on-line, was then refused by Letting Agents. Errrrrr. Rang landlord asked if there was any problems, he replied no cant understand why they haven’t agreed to release it, will have a chat with them. Rang letting agents, no problems cant understand what’s happened, try it again. Requested deposit returned again on 14th June, current status is ‘awaiting agent/landlord response. Not answering my emails, not answering my calls. As of today £600 up in the air.

Paid £1080 deposit for new place (also moved in on 12th June) to a different letting agent. They confirmed it would be protected by Mydeposits and also stated this in contract. 16th June received letter addressed to ‘occupier’, informing me that the LLs mortgage company had appointed them as LPA Receivers and I should pay all rent etc to them now and they will honour the 12 month AST as it’s a BTL mortgage. Letting agent very apologetic, we will find out whats happening and get back to you, of course they haven’t.

Pleased that they will honour it, less pleased that I shall likely have to move again in 12 months.

As of today, still haven’t received confirmation from agents/mydeposits that my £1080 has been protected. Had a look at mydeposits website and rang them, no record of the deposit. So as of today a further £1080 up in the air.

I realise that the TDS legislation/courts give me a route to sort the problems out but it really shouldbnt be necessary and so much hassle! Im sure there are 1000’s of more examples out there of the need for a body that Letting Agents/Landlords to be accountable to.

End of Rant.

SouthCoast

I completed the survey!

Almost three-quarters (73%) of the tenants in the survey were unhappy with the service they got from their letting agent. Common problems included difficulties in contacting the agent, serious delays in getting repairs carried out, inadequate safeguards for clients’ money, and unjustified extra charges.

http://www.citizensadvice.org.uk/index/pressoffice/press_index/press_20090521#the_government

Planner

SouthCoast wrote: »

I completed the survey!




http://www.citizensadvice.org.uk/index/pressoffice/press_index/press_20090521#the_government

Interesting read. Thanks.

I wouldnt mind if I was £1000's in arrears or had trashed the place or I was one of those tenants (like the ones you get on here) asking if they can break the contract for the smallest most insignificant complaint!

Ive rented 7 places in 9 years. five of them 'pre-tds'. Of those 5 post TDS I only every had one LL withold money (took him to small claims and won) thats a 20% problem rate. Of the 2 tenancys 'post-TDS I have had a 100% problem rate?!!!

barnaby-bear

Planner wrote: »

Heres the story of my recent move from rented property to rented property;

Gave notice on the old rented place which I had been in for two years. Letting agents managed everything (although strangely enough the landlord lived right next door to us!). Deposit of £600 protected with DPS.

Everything fine so far, moved out on 12th June. Letting agents satisfied at check-out, landlord satisfied (in fact they moved in the day we left and are going to rent their larger property out).

I subsequently request full deposit back on-line, was then refused by Letting Agents. Errrrrr. Rang landlord asked if there was any problems, he replied no cant understand why they haven’t agreed to release it, will have a chat with them. Rang letting agents, no problems cant understand what’s happened, try it again. Requested deposit returned again on 14th June, current status is ‘awaiting agent/landlord response. Not answering my emails, not answering my calls. As of today £600 up in the air.

Paid £1080 deposit for new place (also moved in on 12th June) to a different letting agent. They confirmed it would be protected by Mydeposits and also stated this in contract. 16th June received letter addressed to ‘occupier’, informing me that the LLs mortgage company had appointed them as LPA Receivers and I should pay all rent etc to them now and they will honour the 12 month AST as it’s a BTL mortgage. Letting agent very apologetic, we will find out whats happening and get back to you, of course they haven’t.

Pleased that they will honour it, less pleased that I shall likely have to move again in 12 months.

As of today, still haven’t received confirmation from agents/mydeposits that my £1080 has been protected. Had a look at mydeposits website and rang them, no record of the deposit. So as of today a further £1080 up in the air.

I realise that the TDS legislation/courts give me a route to sort the problems out but it really shouldbnt be necessary and so much hassle! Im sure there are 1000’s of more examples out there of the need for a body that Letting Agents/Landlords to be accountable to.

End of Rant.

If mortgage company/receivers have taken over as LL - also taken over responsibility for the deposit - so pursue them for it -

Troubled_Joe

Planner wrote: »

Pleased that they will honour it, less pleased that I shall likely have to move again in 12 months.

That could well have been the case regardless of the Landlord's solvency (or otherwise).

I do agree with that a governing body would be preferable but really can't see it happening any time soon.

N79

Planner

LL's are regulated. There are dozens of different pieces of legislation which regulate the activities of LL. We are very tightly regulated in what we can do by the courts and in some cases by the criminal justice system.

For example: LL's are not allowed to offer cheaper tenancies where Ts are responsible for minor repairs. LL's are not allowed to offer tenancies with long notice periods for LL and T. LL's are am not allowed to evict tenants (only courts). LL's can not charge for damages (only a court can do this). The list of LL must dos runs for pages.

I think your rant is really that you want someone other than you to be responsible for enforcing these regulations. I believe that it is easier to take personal responsibility for solving problems rather than relying on others who will charge you for enforcing your own rights. (However such a body is funded Ts will pay.)

As for solving your current problems I suggest, if you want to hurry things along, you issue two letters before action. One to the original LL demanding the return of the deposit within a week and the other to your new LL (post reposession) demanding that they protect your deposit and provide the information within a week or you will seek the return of the deposit plus 3X penalty.

If there is no reply within a week (allow 2 days for posting) then file in the courts. It will cost you nothing but a small amout of time as you will get the court fees back.

clutton_2

landlords have to comply with 69 different pieces of legislation

carolt

Poor OP.

Sounds a nightmare.

My sympathies are with you - too many incompetent/unprofessionally/deliberately criminal landlords out there (delete as appropriate).