Letting Agent - Unprofessional?

Lady_Annabel_Aardvark

My husband and I moved into a property in September. It is managed by an agent and a solicitor acts for the landlord.

All through winter we have had problems. Severe condensation in the winter resulted in a wet floor and a lot of mould. We reported this before Christmas and chased it up a couple of times in January but it wasn't until I slipped in the lying water at the end of January (and ended up in A&E) that anyone came to look at it but it was several weeks more before anything was done about it and the mould still hasn't been treated.

A few weeks ago during heavy rain, water started to come though a bedroom ceiling via the light fitting. (Now been fixed hopefully but we won't know until the next bout of heavy rain)

Added to this there have been sundry other small problems which we have reported.

The agent never answers emails (he now tells me he doesn't 'do' computers - even though it is an email address for the agency as a whole so obviously none of the staff 'do' computers) or voicemails and we have often had to chase them up. 'Builders' who came out never had a job list and we would take time off work often to find they didn't turn up or came and went away so between us we've used several days of our holiday.

The agent came out to see me earlier this week (He phoned five minutes beforehand and his visit was inconveient as it was in my lunch break but i wanted him to come and tell me what was going on). I feel that we've had legitimate reason to complain and that some of the problems we've had were ones that urgently needed doing. However at one point in the converstion the agent said to me 'It would be just as easy for me to give you two months notice...' presumably because I've been emailing him once a week or fortnight, getting more and more annoyed each time with the frustration of it all.

The implication to me was that he could give us notice if we didn't back off.

I'm guessing that he can't just give us notice and that he'd have to consult the solicitor acting for the landlord and give them a good reason why.

I see this as a threat 'shut up or I'm giving you notice' and I don't take very well to threats.

He says he is coming round himself (at a weekend so we don't have to take more time off work) to fix the mould and paint the area. I feel like having this out with him but my husband is more inclined not to in case it rocks the boat further.

Sorry this is so long. I'd appreciate some views please.

Out,_Vile_Jelly

Put any complaints about maintenance issues in writing and send by recorded delivery. Do you have the paperwork for where your deposit is held? Was there a proper inventory done at the start of the tenancy? This agent sounds like a total clown, "I don't do computers" indeed. You should legally have been supplied with your landlord's UK address. It might be worth writing to them stating their poor choice of agent, as it is their property that is not being looked after.

G_M

would be just as easy for me to give you two months notice...'

What contract do you have? Are you in a fixed term or periodic monthly tenancy? If periodic, then yes, you can be given 2 months notice.

Do everything in writing. Ask for the LL's address in writing. If it is not provided in 21 days you do not have to pay rent.

tbs624

G_M wrote: »

What contract do you have? Are you in a fixed term or periodic monthly tenancy? If periodic, then yes, you can be given 2 months notice.

Do everything in writing. Ask for the LL's address in writing. If it is not provided in 21 days you do not have to pay rent.

G_M - that's an amalgamation of two separate pieces of legislation that you have there.

Under the LL&T Act 1985, s1 ( Disclosure of Landlords Identity) if a T asks for the LL's name and address it must be provided within 21 days of receipt of a written request.

Under the LL&T Act 1987, s48

Notification by landlord of address for service of notices

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.
(3)Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant.

For the latter, an address at which notices can be received, it does not have to be the LL's own personal address.

tbs624

Lady AA - read up on what you can do yourself to ease condensation problems and then make use of the private sector rentals officer (TRO - tenancy relations officer) at your local Council. You can't be evicted during your fixed term for raising repairs issues.

Agree with other posters that you should make sure you have a paper trail , so do things in writing. Follow up phone calls/visits with a letter confirming what was discussed and what was agreed and keep copies.

This LA needs to be careful that he doesn't behave in a manner which could leave him open to a charge of tenant harassment. The TRO can deal direct with an errant LL/LA if necessary. Check whether the LA is signed up to a voluntary code of conduct via ARLA, NALs etc and if yes, read through it.

Bear in mind that setting up in business as an LA requires no formal education/training/qualifications nor are they subject to outside regulation. Many of them seem to have a poor grasp of LL & T law and some have no people skills or common sense either

Lady_Annabel_Aardvark

Thanks for all the replies and sorry I have been slow in responding as my laptop gave up so I've been without for a few days until I got a new one.

The issue isn't to do with knowing where the landlord is. We already know that the landlord is in a care home and the affairs are being dealt with by a solicitor so I'm guessing that for this purpose the solicitor IS the landlord.

The issue is really to do with the Letting Agent (which is one of a chain of reputable estate agents dealing with house sales as well as lets) saying that he could give me two months notice. I'm not disputing either the period of notice but that HE can give me notice at all without the go ahead of the landlord's solicitor.

He has no grounds to give me notice apart from that he sees me as 'awkward' or 'keeping on' at him because repairs (both urgent and non-urgent) haven't been carried out - if indeed that IS grounds.

We are good tenants, we look after the property and we pay our rent by standing order every month. In return we would like essential maintenance carried out in a time-appropriate manner without being threatened with notice. Is that really too much to ask!