Problems With Letting Agent

SWSteve

Well luckily, so far, there have been no costs to us. The new agent is doing everything for us without additional charge as we’ve used them for a long time previously.

But yes, the points you noted above is what that agency said they would be doing.

G_M

There have been costs to you.

You've been paying (10%? 12%?) for a service that they have not been providing!


If I paid my cleaner for 2 years to spend 4 hours a week cleaning my house while I was out at work, and then discovered they'd been spending 1 hour and then sciving off, I'd be suing them for all the missing hours ........

SWSteve

Sorry, I meant no additional costs by switching for current agent to new agent.

anselld

There is no need to release the deposit as the tenancy continues.
The DPS will allow the deposit to be transferred to a new agent or landlord without the need for tenant permission.

The new agent will still need to sort out the change of tenant details but at least you will be dealing with a willing agent.

SWSteve

anselld wrote: »

There is no need to release the deposit as the tenancy continues.
The DPS will allow the deposit to be transferred to a new agent or landlord without the need for tenant permission.

The new agent will still need to sort out the change of tenant details but at least you will be dealing with a willing agent.

That’s interesting, as the current agent is stating they’re not allowed to do that without permission from the original tenant’s permission.
I don’t suppose you have a link for this by any chance?

Comms69

anselld wrote: »

There is no need to release the deposit as the tenancy continues.
The DPS will allow the deposit to be transferred to a new agent or landlord without the need for tenant permission.

The new agent will still need to sort out the change of tenant details but at least you will be dealing with a willing agent.

You can’t just change the tenant details. That’s the whole point

G_M

anselld wrote: »

There is no need to release the deposit as the tenancy continues.
The DPS will allow the deposit to be transferred to a new agent or landlord without the need for tenant permission.

The new agent will still need to sort out the change of tenant details but at least you will be dealing with a willing agent.

But it's not just the agent that has changed. Tthe original tenancy has ended and the original tenants long-gone.



There are now new tenants in situ and the deposit cannot be put into their names, or returned to them, as they did not originally pay it - it does not belong to them.


The only way that might succeed would be if the original tenancy had been assigned to them ie the orginal tenancy continued but with newly named tenants.


For that to happen, a Deed of Assignment would have been needed, executed and signed by the landlord, the original (departing) tenants, and the new (incoming) tenants).

SWSteve

I’m almost definite that nothing has been signed by us since the original tenants moved in.

I there’s something strange going on here I’m sure. I’ve now asked for the official complaints procedure at least 4 times and they’ve not provided it.

Pixie5740

SWSteve wrote: »

I’m almost definite that nothing has been signed by us since the original tenants moved in.

I there’s something strange going on here I’m sure. I’ve now asked for the official complaints procedure at least 4 times and they’ve not provided it.

It doesn't have to be signed by you personally, a deed of variation could have been signed by an agent acting on your behalf. Although the way the deposit has been dealt with I wouldn't hold my breath that the original tenancy has ever been varied.

Is there anything in your contract about how to make a complaint or on the letting agency's website? Is the letting agency a member of a redress scheme? Legally they should either have signed up to either The Property Ombudsman or The Property Redress Scheme.

anselld

Comms69 wrote: »

You can’t just change the tenant details. That’s the whole point

As I stated, the immediate problem is to change agent and that can be done.

Once a co-operative agent is in control the remaining issues can be sorted. You can in fact change tenants within the DPS but it obviously requires co-operation between the incoming and outgoing tenants.