How do I get redress from an Estate Agent - lettings

richy3333

Hi everyone. (Apologies if this is a little long-winded).

My ex partner and I joint own a property. After we split she stayed in the house whilst it was up for sale with an Agent. But at the beginning of last year decided to move and asked me about renting the property out. I agreed to it in principle so long as things were done properly - suitable tenant, safety checks etc etc.

Anyhow she asked the selling agent to market the property for rent and at the end of January 2010 I emailed them and asked to be kept informed as to developments on the house renting/selling etc. I live 500+ miles away from the house.

I heard nothing more and then at the end of May I had an email one Friday afternoon from the Agent to say that a tenant was moving in on the following Monday. The same day I emailed the agent back and asked how that could be so as I had not agreed to anything specific, namely hadn’t signed an agreement with the agent, had not signed a tenancy with the tenants etc. The Agent did not reply for more than a week, by which time the tenant had moved in.

It later transpired that the agent had signed the tenancy agreement on my behalf but I never gave them authority to do so. As I say I never even agreed any specific terms of business with them - they never sent me anything.

The best remedy the agent could give was that they would ‘evict’ the tenant at their own cost, but I didn’t’ see why the tenant should be penalised for the agents wrongdoing. By this time the tenant was half way through their 6 month tenancy anyhow.

When the property was inspected half way through the tenancy it became apparent that we had the ‘tenants from hell’. There was wide spread damage to the house, human faeces found on the floor. I later found out from the neighbours that the tenant was a drug addict and had many parties that were broken up by the police. A dog was removed by the RSPCA and the tenant was being prosecuted for cruelty to a pet rabbit! It cost £1500/2000 to put the damage right once they finally left.

It transpires the family of the tenant is well known in the area to the Police etc and I have suspicion that the agent never obtained references or didn’t undertake the process correctly. They will not give me any information, hiding behind the Data Protection Act and or saying that all information has gone to the TPOS (the TPOS have not even commented upon the reference issue in their report)!

I made a compliant to the Agent and received a halfhearted apology. Dissatisfied I made a complaint to the TPOS. They found in my favour on several points and awarded me £100 in compensation. I wrote back complaining that the award was totally insufficient to reflect the agents negligence and the cost incurred etc. They have replied to highlight that they are ‘not consumer champions nor are they a regulator!! Basically whilst they are a body set up to ‘independently’ hear complaints about a member agent they really do not have any real powers at all.

So, my question is, does anyone know where I can go from here? I appear to have no redress against these agents, save through the courts as Estate Agents are poorly regulated and even more so when it comes to lettings?

It is also now 10 weeks on (since the tenant left) and the agent still has not repaid me the deposit owed, blaming the DPS. The tenant effectively did a ‘bunk’ leaving no forwarding address (and have accepted they are not getting their deposit back), so whilst there were some formalities to contend with in having forms signed and witnessed by a solicitor I do not understand why the money has not been repaid. The agent told me to speak to the DPS, which I did, but they will not give me any information as I have the agent ‘working’ for me. Does anyone have any ideas how I can find anything out - I desperately need the deposit money returning to offset my huge outlay.

Sorry this message has been so long, but I would welcome any ideas that anyone has about how I receive fair and just redress from the agent and how I get my deposit back.

paddy's_mum

If your ex-partner did all the arranging, signed whatever paperwork was necessary, and in short employed and empowered the letting agent, surely she should be the one coughing up your share of the costs of putting right what has been damaged or destroyed.

richy3333

Hi Paddys mum. Yep in an ideal world I'd agree but she has legged it abroad because she has huge personal debts, so I have little chance of getting a share of the money from her

G_M

I'm afraid there are only two possible courses of action.
1) follow the complaints procedure for the agent. If it's a national chain, go to head ofice. If not, go to the senior partner. Put your case, state what you think is reasonable compensation, and hope to reach an agreement

2) Take them to court. A Small Claims Court action (max claim £5000) is not costly, does not involve lawyers, is informal, and can be done by yourself.

richy3333

Thanks G_M you kind of reinforced my thoughts. The agent is a small firm 3 or 4 branches and I have tried to reason with the senior partner, to no avail
Looks like I'm off to the Small Claims...

bambammy

I'm sure if you accept the award, it is full and final settlement of all complaints.

I complained to my Estate Agent for over 4 months and was ignored every time. Because I brought it to the attention of the TPO, I received a response. But now it seems like they're buying time by stating the Agent is off sick long term. ( it's not even the agent I dealt with )

I'm not letting this one go, and will take it to court if the TPO results is unsatisfactory.

I don't know how they get away with what they do. It's ridiculous.