Letting agent ignoring me

omnasia

Hello, been reading the advice here for a while and now I'd like to ask for some myself.

I contacted 3 letting agencies last December as I wanted to let out a flat. I was going to go with the ARLA registered one but someone recommended another one. I took his recommendation as I thought that was the best way to go. He has a large portfolio of properties.

So, flat went on rightmove etc, had a few viewings but no luck. Had constant problems with agent but eventually they found a tenant. Told me they had done all the credit checks/references and they had come back ok. When I asked for a move in date they said they were waiting for the guarantor to return forms.

Anyway, just before tenant moved in I got landlord's insurance and legal/rent guarantee. The agency said they would send me the details of the guarantor but after a couple of weeks I had heard nothing so I emailed a reminder. They phoned to apologise and said there had been a problem but the tenant was going to return something to them and they would send it on to me.

I couldn't really understand what was going on so emailed again asking what it had to do with the tenant. They did not reply. I posted a letter to them asking for the documents and said that their terms of business stated that they would do these checks and that is what I had paid for.

My question is, do I have any further to go with this ? I have given them 14 days to send the documents. The terms of the insurance state that proper credit checks must have been done so if the tenant defaults on the rent, I guess the insurance would not pay out. However, up to now, I have not lost any money so not sure if I can claim anything from the agent if I have lost nothing (so far). I'm thinking breach of contract but really don't know much about that kind of thing. It may be that the tenant is absolutely fine and we never have to claim on the insurance in which case, there is no loss. Any ideas ? I am grateful for any thoughts from more experienced and knowledgeable people.

theartfullodger

Not the answer you want but next time only allow the tenancy to be signed AFTER you have got your OWN COPIES of all documents.

It sounds quite possible agent hasn't bothered to do things properly. If so insurance will be stuffed - you may need to buy some further LL insurance. Start following the ARLA complaint process. If agent is a Ltd company look directors up (£1..) on Companies House and write a letter, copy send to agent & all directors..

whalster

If the flat is not along way away from you had you thought of letting it yourself? I know its not for everyone but if your a good people person and a reasonable judge of character ....

omnasia

Thanks for your replies. Artful, of course it seems obvious now that I should have got the documents before the tenancy began and with hindsight I feel pretty silly

I guess it was a mixture of misplaced trust in the agent and naivity. I have learned from my mistake.

Whalster, I am managing the let myself, but thought it was better to go through an agent to find a tenant. It seems very unlikely I will get anywhere with the agent but I would like to write a review of them to warn people so will have to check out where to do it.

I think these agents should be regulated in some way as it seems they can get away with far too much.

theartfullodger

whalster wrote: »

If the flat is not along way away from you had you thought of letting it yourself? I know its not for everyone but if your a good people person and a reasonable judge of character ....

What, without writing first & warning tenant?? If you want to p*** off tenant and line up threats to do you for harassment, great, go ahead.

With respect whalster, bonkers IMHO...

re..

omnasia wrote: »

...

I think these agents should be regulated in some way as it seems they can get away with far too much.

Labour was going to regulate agents but Dave decided not to. Tells you a lot about Dave & his mates... Remember next election..

However in Scotland (just in case that's where you are..) agents & landlords must be registered & of good character, any relevant convictions (spent and unspent), any judgements or notices related to LL, tenants or let properties. etc etc (yes, really!!).

Come on Ingerlund, keep up!!

Cheers!

Artful (Landlord..)

G_M

I think you've made several mistakes
1) no going with the ARLA agent. Is this one a member of any professional body or sceme?
2) not checking the tenant's application before allowing the tenancy to be signed

Given that you are self-managing the property, all the more reason to have done 2 above! You commited to manage a tenant who you knew nothing about!

You need to get together, and check, all the letters/emails/contracts between yourself and the agent.

What instructions did you give the agent? What did their contract say they would do?

eg if they were contractually obliged to do a credit check, but didn't, or to put a guarantor in place, but didn't (etc etc) then they are in breach of the contract you have with them and you can claim all consequential losses (eg your lost rent guarantee insurance).

Once you are sure of your facts, put it all clearly in writing to their Senior Partner/Manager/Head Office/complaints handler.

omnasia

Artful, I might have known Dave would do something like that. I'm in England btw.
GM, thanks for reply - it is an independent agency with the owner running it and I think another person working there, maybe more. I've only dealt with owner + 1.
Their terms of business said they would do credit checks & refs through 'Letting Agent Solutions' so yes, if they didn't carry these out they have not done what they said they would. They told us that the credit and references came back ok but then they were waiting for a guarantor form to come back. I think they never got this back and now the tenant's guarantor is not replying to them and who can blame them.

So, yes, lessons learned. It sounds so stupid now to think that we have a tenant we have never met and know very little about. They wanted a guarantor because he is retired. Thanks for helping anyway

edit to add not a member of anything. I wanted the ARLA one but thought a personal recommendation was probably for the best.....

G_M

They told us that the credit and references came back ok but then they were waiting for a guarantor form to come back

.
If the references were OK, why was a guarantor required?

Was this your decision? Did you instruct the agent to obtain a guarantor?

Or was it included in the original Terms that any tenant would have to have a guarantor?

Or was it the agent's decision and if so why?

omnasia

I can only tell you what they said at the time. They said checks were all ok. They decided to have a guarantor, because the tenant is retired. It was the agent's decision, I was not asked or informed about it until a few days before he moved in. It was not mentioned in the original terms.

motherofstudents

Sounds like you have made the mistake of believing what the letting agent told you. Don't beat yourself up about it. For what it's worth I think you have been treated pretty shabily by them tbh. Can you take some legal advice, maybe through your insurance ?

They really should not be allowed to get away with charging people and then not carrying out the checks you -and the tenant- have paid for. Makes you wonder how many times they do this as they will be making a lot of money on top of their normal profit. They charge a lot to tenants for these checks to start with. Sorry I don't really know what else you can do, are you in a landlord's association, maybe they could advise ?