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How much responsibility do letting agencies have to take?
DJ_MPH
Posts: 31 Forumite
We are having issues with regards to a recently vacated property which we let through an agency (who acted as an agent for the landlord). There were several repair issues which werent fully addressed when we were tenants there. We reported these issues to the agencys property management department, and had to constantly chase them to fix the issues (one of which didnt ever get resolved).
After conversing with the agency they refuse to accept any responsibility as they say they informed contractors to undertake the work and therefore acted upon it (even though we had to chase several times). They also claim that one of the repairs had to be carried out by the maintenance group for the building (we lived in a block of flats and one of the windows was shattered) and not by their contractors. They say that when we reported the broken window (which was broken before we moved in) they contacted the maintenance group and therefore their duty was fulfilled. It feels like they are trying to shirk responsibility, but then i'm not even sure if they have any responsibility to shirk?
Does the agencys property management company not have a responsibility to chase and oversee these matters and ensure they get sorted quickly and reliably? It seems a little negligent of them for us as tenants to have to constantly badger the agency to get things sorted. Some of the issues we experienced went on for months before they got sorted and a couple of issues never got sorted at all.
A couple of the issues also resulted in us incurring extra heating costs such as the shattered window over winter, but we're unsure of who may be liable to reimburse us, the agency or the maintenance group? Our dealings have always been with the letting agency and so we feel that they have failed us by not ensuring work got carried out swiftly.
Any help and advice please?
After conversing with the agency they refuse to accept any responsibility as they say they informed contractors to undertake the work and therefore acted upon it (even though we had to chase several times). They also claim that one of the repairs had to be carried out by the maintenance group for the building (we lived in a block of flats and one of the windows was shattered) and not by their contractors. They say that when we reported the broken window (which was broken before we moved in) they contacted the maintenance group and therefore their duty was fulfilled. It feels like they are trying to shirk responsibility, but then i'm not even sure if they have any responsibility to shirk?
Does the agencys property management company not have a responsibility to chase and oversee these matters and ensure they get sorted quickly and reliably? It seems a little negligent of them for us as tenants to have to constantly badger the agency to get things sorted. Some of the issues we experienced went on for months before they got sorted and a couple of issues never got sorted at all.
A couple of the issues also resulted in us incurring extra heating costs such as the shattered window over winter, but we're unsure of who may be liable to reimburse us, the agency or the maintenance group? Our dealings have always been with the letting agency and so we feel that they have failed us by not ensuring work got carried out swiftly.
Any help and advice please?
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Comments
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do not go through the LA, they simply act as a "go between" between you, and your Landlord. They cannot give permission for work to be completed withoutt his/ her permission.
instead WRITE (don't email, don't phone, don't text) to your LANDLORD. There should be a contract address on your tenancy agreement. If not WRITE to the LA and request it - they must provide it, by law.0 -
19lottie82 wrote: »do not go through the LA, they simply act as a "go between" between you, and your Landlord. They cannot give permission for work to be completed withoutt his/ her permission.
instead WRITE (don't email, don't phone, don't text) to your LANDLORD. There should be a contract address on your tenancy agreement. If not WRITE to the LA and request it - they must provide it, by law.
Well we are no longer with the agency and all this is things have have been and gone but we're trying to find out now who was responsible. I dont believe the issue is with the landlord not issuing permission, rather that the agency took far too long to fix certain issues after claiming they had contacted contractors. Do they have a responsibility to us to chase matters up with the third parties they employ to do the work?0 -
I dont believe the issue is with the landlord not issuing permission
Did you WRITE to the LL to check that he had approved the repairs?
No, they have a responsibility to the LL, if he has requestd the work.Do they have a responsibility to us to chase matters up with the third parties they employ to do the work?0 -
19lottie82 wrote: »Did you WRITE to the LL to check that he had approved the repairs?
No, they have a responsibility to the LL, if he has requestd the work.
No we did everything through the agency as advised at the start of our tenancy. So in terms of who is responsible for facilitating the repair of fixtures and fittings, and any reimbursements of charges incurred due to inefficiency in this process, lies solely with the landlord and NOT the agency?0 -
No we did everything through the agency as advised at the start of our tenancy. So in terms of who is responsible for facilitating the repair of fixtures and fittings, and any reimbursements of charges incurred due to inefficiency in this process, lies solely with the landlord and NOT the agency?
Correct. IF you were to take a case to the small claims, you would be claiming against the LL, not the LA.
In future, please take the advice to WRITE to the LL.0 -
19lottie82 wrote: »Correct. IF you were to take a case to the small claims, you would be claiming against the LL, not the LA.
In future, please take the advice to WRITE to the LL.
Well thankfully we live next door to our new landlord
But we did make sure everything was done in writing, but it was to the letting agency (as they were contracted to manage the property for the landlord) and the Property Ombudsman website says to contact the agency regarding issues if the property is managed by the agency.
Does the landlords liability remain the same if he has contracted the agency to manage these things for him?0 -
An agent acts on the landlords behalf. When things aren't done right the landlord is accountable to you, and the agent accountable to him.
In the same way the landlord is responsible for the glass-that he can make an insurance claim with the buildings landlord’s agent/insurer is irrelevant, they have to replace the glass, no another party.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
The landlord is responsible: The agent is just that, an agent. In your shoes I'd write (yes, WRITE) - email also - landlord, copy agent, keep copies...
Good luck0 -
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theartfullodger wrote: »The landlord is responsible: The agent is just that, an agent. In your shoes I'd write (yes, WRITE) - email also - landlord, copy agent, keep copies...
Good luck19lottie82 wrote: »This doesn't matter. The point of writing is so there is traceable a communication trail.
Yes.
Thanks for your advice, I guess I should start chasing the landlord with my complaints then? What are my options should he not accept responsibility? I'm guessing he isnt bound by the Property Ombudsman so is it simply a matter for a small claims court?0
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