LA refusing to provide copies of correspondance.

1981trouble

Is there any reasons why a letting agent won't provide copies of letters sent to the tenant/guarantors? I am thinking data protection etc

We have asked for copies 3 times by email, first time fobbed off with one letter despite being told by them they have sent them about rent arrears etc, 2nd time ignored, 3rd time was told they were looking into it but needed to check something first. All just seems very odd but before we take it further with recorded delivery letter wanted to check if anyone had come across anything about it before?

The LA say they have issued the S21 (although again we haven't seen this yet - are we entitled to a copy?) and anticipating issues, I'd like to have paperwork together ready for court evidence if required. (we are the landlords btw and use a LA to manage the property)

jee

Sounds like they're hiding something- incompetence most likely.

Did you ask for the paperwork when the tennant signed the paperwork? I use an agent to find my tennant and then manage but I always take a copy of all letters/credit checks/bank statements/refs etc.

agrinnall

What does is say in your contract with the LA? Anything that they aren't contractually bound to do will be at their discretion. If you want copies of correspondence and the contract doesn't cover it then you need to get the contract amended before your next tenants move in - or switch to a more professionally operated LA who do this as a matter of course.

jjlandlord

There is no data protection involved between you and your agent regarding matters related to the tenancy and the tenant.

Demand again in writing (letter) giving them 7 days to comply.

Then inform tenant that you are taking over management and that they should pay the rent direct to you / no longer deal with the agent.
And ditch the agent immediately thereafter.

agrinnall wrote: »

What does is say in your contract with the LA? Anything that they aren't contractually bound to do will be at their discretion. If you want copies of correspondence and the contract doesn't cover it then you need to get the contract amended before your next tenants move in - or switch to a more professionally operated LA who do this as a matter of course.

Considering the nature of the agent/principal relationship, I'm not convinced that this needs be specified in contract:
As agent works in behalf on his principal I find it difficult to consider that he has no obligation to communicate everything to him.

tbs624

OP - the LA acts on your behalf. I agree with jjlandlord.

Is the LA signed up to ARLA, NAEAor similar? If they are check out the relevant code of practice and make a formal complaint.

Unfortunately absolutely anyone can set up in business as an LA, with no formal training, particular expertise, qualifications etc despite the fact that they are dealing with thousands of quids' worth of other peoples money and property.

G_M

The agent works for you as..... your agent.

They should provide copies of all correspondance on request. It might be fair for them to make a nominal charge for photocopying, but refusal indicates to me they have something to hide.

I would go in and refuse to leave till they provide what you want (perhaps making lots of noise in their office all afternoon.)

I would also ditch them asap, but get everything set up with your tenants (and replacement agent if that's what you decide to do) BEFORE ditching them. Also minimise the amount of your money they hold before ditching them ie by waiting till you have started receiving rent from the tenants direct first.

Speak to the tenants first, so they understand what you are doing, then follow up with a formal letter telling them where, and from when, to pay furure rent.

Make sure you onow where their deposit is held!

rentergirl

You will have to explain your rights to the LA, as they are never trained, and never know what they are obliged, by law to do. That is why they quote things data protection, and many never challenge them. You'll end up issuing all the proper legal notices yourself eventually and inevitably. I'd pay for some proper legal advice, and obtain some proper forms. for evictions and notice etc.

DVardysShadow

agrinnall wrote: »

What does is say in your contract with the LA? Anything that they aren't contractually bound to do will be at their discretion. If you want copies of correspondence and the contract doesn't cover it then you need to get the contract amended before your next tenants move in - or switch to a more professionally operated LA who do this as a matter of course.

Could not disagree more. As the contract is to act on behalf of the Landlord in the management of the Landlord's property, everything which the Agent sends out to the tenant is deemed to be sent in the Landlord's name. So there is a huge Elephant in the Room implied condition in the contract that the agent copies the Landlord in on all correspondence - or makes it freely available.

1981trouble

Thanks for the responses, glad to see I am not missing anything glaringly obvious!.

The LA is ditched when these tenants move out as we are moving into the house so there is no worries about any future use by them. I just want to get copies of paperwork in prep for any eviction of the current tenant if required. It is so frustrating. I did toy with cancelling the contract with the agent but for the sake of 6 weeks (tenant is hb paid directly by council so doubt anything would ever get sorted in time!). The LA does pay us each month and the deposit has been protected so that is something at least.

I will check my contract later, and then send a recorded delivery letter.

BitterAndTwisted

I'd be having a very, very close look at that Section 21 Notice once you have sight of it. This is something many landlords and agents get wrong. Only to find that out once it's chucked out of court on the day. One hopes your tenants will leave quietly once they received that notice.

If they're looking to be rehoused by the council you should fully expect them to hang on until the court-appointed bailiffs are at the door.

Werdnal

You must get a copy of the S21 asap. You as LL will be the one instigating the court action to evict as a LA cannot represent you legally, so you need to know what they have sent the tenant, and more importantly, come back here as soon as you have it and post exactly what it says. If your LA are as lax and ignorant as you suggest, they might have got the notice wrong, and unless it is 100% spot on with dates etc, you will waste a whole 2 months waiting for it to expire, only to be laughed out of court and have to start over again.

Request copies of all correspondence sent to the tenant in writing. LA are acting on your behalf and you are paying their "wages", so they are obliged to keep you informed!