Letting Agent/LL complete mess, deposit court case

Boo4Boo

I have a compound problem, with my letting agent (who is a major reputable company) having given me a nightmare of a first month and a half in the tenancy. Immediately after paying the deposit and signing the contract things went horribly wrong. There were numerous issues with the property, both minor and major which have now taken around a month and a half to resolve and we are still in dispute over a lot. There has been grief, I've had to take time off work for contractors that never appeared and it's all been a mess.

Since moving in i made sure to keep paper trail and document everything with dated photographs.

I formally requested in writing for LL contact details over a week ago and received a reply refusing to supply the requested information. After 21 days this will be a breach of Landlord and Tenant Act 1985.

My case escalated to head office a while ago and now even their MD called all fuming to threaten me for a negative review written about their agency.

Anyways, to make the long story short, my plan of action is:
1. Formal letter of complaint, giving them 14 days for full and detailed response to all 17 listed complaints in writing with details regarding the resolution offered.
2. Letter before action (14 days to respond)
2.1. One letter to Property Ombudsman
2.2. One letter regarding Deposit breaches for what I am filing a county court case if no settlement agreed.

Since the matter fully escalated I now checked again and saw they protected my deposit after keeping it for over 50 days. I have not received any certificate or notice that my deposit has been protected. Added to this, i also found out that the person stated on the prescribed information about the deposit and named on the tenancy agreement as "landlord" isn't actually the landlord at all, they sold the property few years ago. Not to mention that actual LL has no permission from mortgage lender to let. I do have solid proof for that as well but will bring it out only when i receive LL contact details from the Agency which is as well Agency admitting they messed up.

My question is: Are the issues with the deposit separate, or are they combined? As I thought it might be one breach of the Housing act to not have the deposit in scheme within 30 days and another separate breach for supplying the wrong landlord details on the prescribed information?

Since Agency is managing the property for the LL should I post the letter to LL with Agency address (as on the tenancy contract), Letting Agency or both just to be on the safe side ?

For the time being I only listed issues for county court case not the Property Ombudsman because this email will get way too long...

I would greatly appreciate any feedback on my plan of action and Thank You for any replies / advice in advance.

pmlindyloo

Boo4Boo wrote: »

I have a compound problem, with my letting agent (who is a major reputable company) having given me a nightmare of a first month and a half in the tenancy. Immediately after paying the deposit and signing the contract things went horribly wrong. There were numerous issues with the property, both minor and major which have now taken around a month and a half to resolve and we are still in dispute over a lot. There has been grief, I've had to take time off work for contractors that never appeared and it's all been a mess.

Since moving in i made sure to keep paper trail and document everything with dated photographs.

I formally requested in writing for LL contact details over a week ago and received a reply refusing to supply the requested information. After 21 days this will be a breach of Landlord and Tenant Act 1985.

My case escalated to head office a while ago and now even their MD called all fuming to threaten me for a negative review written about their agency.

Anyways, to make the long story short, my plan of action is:
1. Formal letter of complaint, giving them 14 days for full and detailed response to all 17 listed complaints in writing with details regarding the resolution offered.
2. Letter before action (14 days to respond)
2.1. One letter to Property Ombudsman
2.2. One letter regarding Deposit breaches for what I am filing a county court case if no settlement agreed.

Since the matter fully escalated I now checked again and saw they protected my deposit after keeping it for over 50 days. I have not received any certificate or notice that my deposit has been protected. Added to this, i also found out that the person stated on the prescribed information about the deposit and named on the tenancy agreement as "landlord" isn't actually the landlord at all, they sold the property few years ago. Not to mention that actual LL has no permission from mortgage lender to let. I do have solid proof for that as well but will bring it out only when i receive LL contact details from the Agency which is as well Agency admitting they messed up.

My question is: Are the issues with the deposit separate, or are they combined? As I thought it might be one breach of the Housing act to not have the deposit in scheme within 30 days and another separate breach for supplying the wrong landlord details on the prescribed information?

Since Agency is managing the property for the LL should I post the letter to LL with Agency address (as on the tenancy contract), Letting Agency or both just to be on the safe side ?

For the time being I only listed issues for county court case not the Property Ombudsman because this email will get way too long...

I would greatly appreciate any feedback on my plan of action and Thank You for any replies / advice in advance.

This is very complicated - probably why no one has attempted to answer it

So I will put my thoughts and wait for people to agree/disagree.

There seems to be some muddle about your complaints and who is responsible.

The way I see it.........

You have a complaint about the LA as regards not supplying the landlord's address when requested (see here: http://www.landlordzone.co.uk/landlord's_address.htm)

You have a complaint against the LA for not putting the correct name of the landlord on the tenancy agreement and the deposit protection information.

Now the difficult part!

Because you have the incorrect information about who your landlord is then you have no way of compalining to your landlord about repairs, not registering your deposit in the prescribed way etc.

I say this because the letting agent is the landlord's agent and if you have complaints about repairs, deposit protection then your landlord has the ultimate responsibility (not the letting agent) if he/she does not carry out those responsibilities.

Usually, it would then be up to the landlord to complain to his agent that the agent has not fulfilled the contract between landlord and letting agent.

However, not having the details about your landlord (or have you?) you have no one other than the letting agent to contact.

If you do know who your landlord is then I think you should be contacting him/her and putting all the complaints to him.

Have you taken some professional advice about this? Shelter/CAB?

There are multiple problems here and you really need to separate them out and deal with them one at a time and with the person responsible.

Boo4Boo

Ha! Yes, quite complicated

I don't have the details for the LL , hopefully after letter of complaint LA will forward these to me. For now they are stating that whatever the issue I should go thrue them, they are in contact with LL. All the paperwork is signed by LA on the behalf of the LL as well.

I will definitely take professional advice before sending Letter before action...

Any thoughts on this?

My question is: Are the issues with the deposit separate, or are they combined? As I thought it might be one breach of the Housing act to not have the deposit in scheme within 30 days and another separate breach for supplying the wrong landlord details on the prescribed information?

Thanks for your input

Werdnal

The responsibility for correct protection of the deposit is and always has been the landlord's. If the LL appointed someone else to handle this for them (the agent) then the LL is still responsible for ensuring the agent complies. If for instance, the agent went bust, and did not protect or release the deposit amount to the tenant, then you sue the LL.

Therefore, any action regarding the non-protection of the deposit, or any action to pursue a claim for its return or the suggested penalty of 1-3x the deposit value for lack of protection, should be against the LL, not the agent.

If LL then decides to counter-sue the agent for their failings in this scenario, that is up to them. Agent works for the LL not you. Agent has contract with the LL not you. The tenancy agreement you signed may have the agent's name on it, but all responsibilities for it lie with the LL!

Mr_Pitiful

If it were the agent who took the deposit, they can still be seen to be liable for its non-protection and be liable for the sanctions.

pmlindyloo

If you read the link I gave you there are various ways to find out the landlord's address.

However, from what you say, it may be that the landlord has not changed his address from the house you are renting so contacting anyone may prove futile. Messy in the extreme.

I honestly do not feel able to comment any further as the issues seem to me to be so involved.

I stand by my suggestion that you seek professional advice because althougheach separate issue is the responsibility of either the agent or the landlord it is all clouded by the fact that you do not know who the landlord is!

Hope that makes sense!

Having said I wouldn't comment anymore......................

As a lay person, my reasoning would lead me to believe that you need to know who your landlord is in the first place and then deal with each issue to the appropriate person whose responsibility it is.

So, not giving you the landlord's name = letting agent
Not registering deposit/repairs = landlord
Then landlord complaint to his agent (letting agency) for failing to carry out contract between the two of them re: deposit/anything else.

Must emphasise - I am not a specialist!

Annisele

I'm not completely convinced OP has a tenancy at all (but I'm not at all an expert).

OP says " i also found out that the person stated on the prescribed information about the deposit and named on the tenancy agreement as "landlord" isn't actually the landlord at all, they sold the property few years ago.".

So - OP's contract is with Person A, but the house is actually owned by Person B. Person A sold the house some years ago. So, presumably Person A can't let the house anymore because he doesn't own it. If Person B turned up on the doorstep and said "you're a squatter - get out of my house", I don't know what position OP would be in.

I suspect it might be unfair to hold Person B responsible for anything. If he owns the house but has no knowledge of the rental contract and didn't appoint the agent, then none of this is his fault. However, unless there are some pretty unusual circumstances, I'd be surprised if Person B didn't know his house was being rented out.

Fire_Fox

Welcome, you sound you have got a long way with the research. I'd speak to Shelter. What are the seventeen complaints about? Repairs and maintenance? If so try getting Environmental Health on the case, they can find out who the landlord is and enforce the repairing obligations for any major issues or advise you to withhold rent to complete the repairs yourself.

Not clear how you know who is the true owner nor who is your true landlord (could be subletting from the owner). Have you downloaded the title from land registry? Also try the agencies on the link Pmlindyloo posted. Is there no name and no address for serving of notices on your tenancy agreement? If not rent is not due, stop paying and they might just start taking notice. See landlordzone link already posted.

Boo4Boo

Hi all,

Yes, I did download the title from land registry and I have additional proof in detail property was sold to the current owner by the person named as "landlord" on my tenancy agreement. Basically, what happened here is a major screw up on the agency side. And yes, i do understand that it is the LL who is overall responsible, but as Mr Pitiful said "If it were the agent who took the deposit, they can still be seen to be liable for its non-protection and be liable for the sanctions."(theres a link to a case but as newbie i can't send it)

I will look into all that was advised here now that I have more time.
Bellow is the complaints letter i am sending to the LA, most likely Monday. Yes, there is Agency address for serving notices in the the tenancy agreement. And then take it from there. It's VERY long If anyone manages to read thrue it I'd appreciate some feedback. Bare in mind this in only the complaints letter that needs to be sent before any other action.

Cheers

RE: Complaint regarding service

Dear XXXXXXXXXXXXX

This is a formal letter of complaint regarding the service I have received from XXXXXXXXXXX since moving into XXX XXXXXXXXX on the X October 2012.

I would like to state the issues I have had with the property and would like to find resolution in terms of the inconvenience and distress I have received.

1. According to the Property Ombudsman, Tenants should expect to be supplied with a draft Tenancy Agreement to read before signing, recording the terms of the letting including the rent, deposit or ancillary fees and charges, duration and repair obligations. I would like to know why this did not happen?
2. According to the Property Ombudsman, the agent should ensure that the tenant receives an inventory of furniture, fittings and equipment at the beginning of the tenancy to record the condition of the property and/or contents. I would like to know why it took 19 days and numerous emails chasing for me to receive the inventory.
3. According to the Property Ombudsman, Letting Agents should arrange for a tenant to be checked-in to the property accompanied either by an Inventory Clerk or other representative of the landlord or his agent. I would like to know why this was not offered?
4. According to the Property Ombudsman, Letting Agents must ensure that tenants are provided with relevant and appropriate documentation, statutory or otherwise, prior to their occupation of the property or commencement of the tenancy, whichever is the sooner. I would like to know why this did not happen?
5. According to the Property Ombudsman, by law you must, within 21 days of receipt of a formal written request from a tenant, provide that tenant with the name and address of their landlord. I requested this information on the XX November 2012 in an email to XXXXXXXXX@XXXX and received a reply the same day refusing to supply the requested information. I would like to know why?
6. I would like to know why the keys for the electricity meter cupboard, information relating to its location and keys for the bicycle storage which were first requested on the XX October, subsequently took 41 days to arrive despite numerous emails requesting them. In the meantime I had to contact the Freeholder to try to get resolution, and after that had to chase XXXXXXXXXXXX staff a number of times for their final purchase and cutting. I have written confirmation from the Freeholder stating that they were not contacted until XX November, which directly contradicts the written response from your staff. The keys finally arrived on the XX November. I would like to know why it took so long, and why it was not part of the check-in procedure as I have not been able to make a meter reading up to this point?
7. I would like to know why the property was in the following state upon moving in, when it clearly states in the contract that the property must be cleaned to a professional standard or professionally cleaned?
1. Most bulbs were broken in the flat.
1.1 Kitchen - 10 bulbs below cupboards, 8 are broken
1.2 Bathroom. 4 bulbs, 2 two are broken and one light fitting was hanging down dangerously
1.3 Livingroom, 5 bulbs, 2 partly working but incredibly dim
1.4 Cooker, 2 bulbs, 1 working, the other was broken and the casing/cover is broken..
2. Holes/bare patches in carpet. There was a moth infestation!
3. The general condition of the property was filthy and in particular the bathroom was utterly filthy including the toilet brush coated in human excrement, large limescale deposits on all water related fixtures and generally dirty.
3.3 Shower head did not work, and the shower pipe was split.
3.4 The bathroom sink was completely blocked.
4. External mail box had been broken into and the lock no longer had a locking part. Neither was I given a key.
5. Living room, curtain rail was falling down.
6. Bedroom, curtain rail was falling down.
7. Kitchen electric master switch had 3 out of 6 switches missing.
7.1 Various electrical fixtures were loose or broken
Photos of all the above were supplied by email. Overall some of issues were dealt within two weeks. Finally, after moving in on XX October I was able to brush my teeth in the bathroom in a £950 a month property on XX November. But still, after 50+ days I have no ability to emergency shut off anything in the kitchen due to switches being broken.
8. I would like to know why on the XX October after a variety of issues involving the property, I was informed in writing that XLetting AgentX were not managing the property despite all the documentation I received and signed stating clearly it was? This issue was subsequently resolved, but it took a number of days for your staff to work out who was managing the property. In the meantime no work was carried out on the property. This is despite the documents I had signed stating otherwise.
9. I would like to know why the property was infested with moths, and why this was not dealt with before I commenced my tenancy, since I had been informed that the property was vacant. Upon initially vacuuming the property, the carpet now has substantial bare patches where the moth larvae have eaten the backing. This was not how the property was presented, is this not misrepresentation?
10. I would like to know why there were no working lights during the viewing? This is a major issue in a property with two windows and five/seven rooms, four of which have no direct light. I have a video of the viewing for reference.
11. I would like to know the date my deposit was protected, and why I have not received any confirmation of this happening? Already one serious breach of the Housing Act has been committed by failing to provide the certificate/receipt and unique PIN within the 30 day period.
12. I would like to know why the professional cleaning bill (which I had to get due to the condition of the property) has not been reimbursed despite being agreed on the XX October and submitted on the XX October? As of writing it is now XX November and has been 25+ days, this is following numerous emails chasing.
13. I would like to know why after reporting that the boiler was faulty and informing the Letting Agency the make and model of the boiler and that it would require specialist attention the following issues happened? Firstly after reporting this issue on XX November, an electrician arrived in the morning who obviously could not fix the problem. The second contractor, a plumber who arrived on XX November at X.XX in the morning without warning also had no idea. On XX November following 5 days without hot water in November, I received an email stating that an “expert” was arriving. The “expert” stated that they knew nothing regarding the boiler and were unable to fully resolve the issue after 4 ½ hours. Subsequently, I apparently have a “further” specialist arriving on the 28th November. Why were contractors arriving who could not solve the issue, and were unaware of the boiler system despite Letting Agency staff being informed immediately on the notification of the fault?
14. I would like to know why on the afternoon of XX November when the boiler failed, a member of staff informed my partner by telephone that a contractor was outside and would be attending to the property in 2 minutes. They never arrived despite waiting all afternoon.
15. I would like to know why I received an email on the XX November threatening that I was in “serious breach of my tenancy agreement” by my partner staying in the property I am renting? This is despite, being advised by XXXXXXXXXX staff not to put her/him onto the tenancy, her/him having been the only person who viewed the property, the fact that XXXXXXXXXX staff gave her/him a set of keys and her/him also being mostly corresponded with by XXXXXXXXXXXXXX staff. Added to this, I was informed by XXXXXXXXXX staff that the Landlord was fully aware and in agreement. I would like a full explanation regarding this matter. Incidentally, my partner lives abroad and only stays in the UK infrequently.
16. Upon legal advice I have received, as previously requested, please can you cite where my partner XXXXXXXXXX was slanderous as stated in the email dated XX November by XXXXXX XXXXX? Obviously, I would like you to fully consider the serious nature of the written allegation made in that email.
17. I also would like confirmation that during a telephone conversation on XXXX November at XX.XX, XXXXX XXXXXX Managing Director called me and aggressively threatened legal action regarding a review about XXXXXXXXXX on the XXAgencyreview siteXXX website and subsequently threatened internet “defamation” of my name. I had to terminate the telephone call due to the aggression of XXXX XXXXXXX.
18. Following the refusal to supply the contact details for my Landlord, I checked with the Land Registry, and the details on my prescribed information and tenancy agreement do not match those held by the Land Registry. Can you please explain as obviously this is a serious breach of the Housing Act regarding the prescribed information being incorrect, and obviously a serious legal issue with the tenancy agreement being incorrect?
19. Since the Land Registry states that the property is under mortgage, can you provide confirmation that the mortgage lender has approved it for letting?

Overall, the entire experience has been horrible since moving into the property. I do not expect to have to spend my time chasing continually for major or minor works to be completed. Documentation has been contradicted and again, I have had to chase for it. The level of customer service has been appalling and on a level that if I were working for your organisation I would be embarrassed. That we are now at 50+ emails and numerous phone calls, and issues listed in this letter still haven’t been dealt with is worrying.

I would like a full and detailed response to all the above listed complaints in writing, within 14 days and details regarding the resolution offered, for the distress, inconvenience and time this has caused me.

Best regards

Annisele

I'm afraid I think your letter is far too long - and risks confusing the issues. I'm not clear on what you actually want.

For example, do you really want an explanation of why various things happened? Or do you just want them fixed?

I'd be tempted to replace a large chunk of your text with a bullet pointed list of things you expect the LA to do.

Boo4Boo

Actually, i do want to know why various things DIDN'T happen. It might be my ignorance to start of but they as Letting Agency should have known their obligations. After being passed over to 5 different agents giving me various contradicting BS, lies or simply dodging the answers I do want them to sit down and have a think about it. They have been extremely rude and I do not take kindly to bullying. Especially when I've done everything correct from my side. And again, i kept paper trail of everything.