Advice Please

Pesty1977

Hi

I would really appreciate some advice - the property we have been renting out through an Estate Agent has been absolutely wrecked. The tenant was evicted yesterday and the estate agent described the property as "squaller".
We have been paying the agents a monthly fee as we took out the full management option with us relocating too far away to look after the property ourselves. In 3 1/2 years, they have never viewed the property and we were told they would do six monthly checks.
We feel that although the tenant is responsible for the damage and neglect, had we been notified of the deterioration from the estate agents then we could have taken action and served notice sooner.

My question is do we go through the property ombudsman to get money back or try and take the agents to court? The agency is Countrywide/Abbots so they are a large agency nationwide.

Has anyone has a similar experience with awful tenants and estate agents breaching their contract?

I would really appreciate any help or advice

Thank you

The_Logans

Were the 6-monthly checks in the contract or did they just say the would do it? Have you seen any evidence of them trying to carry out the checks but perhaps being denied access by the tenants?

flashg67

I feel for you. If the checks are shown in the contract, then according to TPOS.co.uk, you have to follow the agents complaint procedure first, before they will take on your case.This doesn't stop you taking legal proceedings if it's still not sorted

AlexMac

"Squalour"? Have the agents put a price on this? To me the word means "dirt". Which means a professional clean at £100 or less?

Or have they ripped out the toilet (£150)? Or damaged the kitchen work surface (£200). Or scratched the hob (£150), or stolen the shower cubicle (£300)...?

Either way, your agent will deduct costs from the deposit...

And looking on the bright side, most landlords would expect a month or two voids every 6-12 months . Which would cost 10-15% of rental income. So if you've had 42 months rent without gaps, plus deposit retention, you're ahead...?

Think positive!

Complain to the Agent after you've tidied, refurbished, redecorated and got a new tenant

Cakeguts

It appears that this property is not suitable as a rental because you are not getting a choice of the best tenants in the area. As you live so far away it might be a good idea to sell it?

You need to find a better agent if you decide to continue to let it.

G_M

3 1/2 years? And your agent contract specified 6 monthly inspections?

So after the first 7 months, what did the agent reply when you asked where the inspection report was?

And at the 12 month point, when no 2nd inspection report appeared and you chased the agent for it, what did they say?

Yes, the agent seems to have breached your contract (assuming "we were told..." actually means it was in the contract, not that there was a vague conversation), but I have limited sympathy.

Any sensible landlord/property owner keeps an eye on their property. OK - you're at a distance so employ a local agent, but that does not mean you simply forget you own it other than watching the rent arrive.

Have you established exactly what damage has been done, what repairs are needed and at what cost? Either via the agent, your own contractors, or by driving over for the weekend yourself?

Have you discussed with the agent what action you or they will take against the tenants? Who is going to write to them (Letter Before Action), and are you, or your solicitor, going to sue for the excess amount above the deposit?

AnotherJoe

You must be leaving something out. If the tenant was evicted I presume they haven't been paying rent for some considerable time? Or, the property was in a poor condition and that was the reason in which case some inspections must have taken place to know this.

And, as said, why in more than 3 years hadn't you raised the question of no reports? Or did you assume that no news is good news?

You dont seem cut out to be a landlord, even with agents fully managing its not a hands-off deal you need to stay involved. Why not sell and invest the money instead? Are you in profit on this all costs considered?

p.s. some final advice: Please use descriptive titles - stuff like "help", "advice" "what to do" etc dont guide the expert in your area to read your post.

MyOnlyPost

I am currently arguing with my Agent about not fulfilling the terms of my management agreement. It turns out that the agreement I signed is not the same as their current agreements and they have been giving me the lesser service offered by the new agreements rather than what I have signed for. After a heated discussion last thing yesterday I have told them to go check their legal position as they are in breach of contract. My next step will be to issue a letter before action to reclaim at least some of the fees I have paid as for the last 9 months I haven't received the service I have been paying for.

Check your contract from start to finish and cross check every term, you may find terms that contradict each other (I did) and then check exactly what services were included in your management fees and whether you have received all the listed services (inventory, check ups, deductions for dilapidation etc.) and make a reasoned agrument to the agent.

There will probably be a term somewhere in the agreement that they reserve the right to alter the terms or change the fee structure, don't allow them to fob you off with this. They cannot unilaterally change the contract you have both agreed to and should have notified you of any impending changes and offered you the chance to get out of the contract without penalty if you didn't agree to the changes. When drawing up a contract you cannot afford yourself an advantage over the other party without reciprocity. In a contract dispute benefit of the doubt should always be given to the party who didn't draw up the contract.

Hoploz

You have my sympathies as you find yourself in a horrible position.

You need to visit the property to see for yourself what damage there is. This will of course be compared to the check-in inventory, but in the first instance you need to establish what is required to get the property right again, regardless of what action you may or may not take against the agent.

If the property is filthy then yes it's horrible but actually although you might feel upset when you see it, it is not hard to reverse, and will probably end up being just one to chalk up to experience (I've had this myself and it was particularly upsetting because it had previously been my own home, but I rolled my sleeves up and got on with it)

If there is actual damage then it's different.

Visit the property as a matter of urgency. Now.