Fined for contacting Tenant?

*~Zephyr~*

Hi there

My husband has rented out a property in Wales for many years now, and has used the same LA the whole time.  

When the rules came in in Wales he of course registered as a landlord and registered the property, but decided against going for the licence as he didn't need to since he was using an agent.  

Just recently, the Tenant sent us a text complaining that the LA didn't seem to be addressing her property maintenance concerns, and he was fine with her contacting us directly.  But she then mentioned to the LA that she had messaged us and the LA then rang to tell us that we could be fined £5000 because we are unlicensed and not allowed to contact the tenant directly.

Now I can't find any legislation to say that we can't respond to a direct contact from the Tenant, but am I missing something?  Tbh When we started with the LA they were a small, family run firm.  They have expanded over the years and are becoming a very different entity.  I'm not sure how much I trust them now!

theartfullodger

Unlicensed for what?  Ask agency which law and section says you can be fined.

Expecting a lettings agent to know the law is,...error..  optimistic and unwise, IMHO.

TBagpuss

Why not ask the agent to clarify hat the rule is which they are referring to?

I did a quick google and found this https://www.rentsmart.gov.wales/en/faqs/  It looks as though you need a licence if you are managing a property, which is different to the registration you have to have as a landlord.

It defines management activities (for which you need a licence ) as: 

" Landlord Property Management Activities:

• collecting rent;
• being the principal point of contact for the tenant in relation to matters arising under the tenancy;
• making arrangements with a person to carry out repairs or maintenance;*
• making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling for any purpose;
• checking the contents or condition of the dwelling, or arranging for them to be checked as part of a current tenancy or for one which has ended;
• serving notice to terminate a tenancy. 

* If you are purely undertaking repairs at a property and not involved in any other letting and management activities, you are not required to obtain a landlord licence"

To me, that suggests that returning the tenants call wouldn't trigger the requirement as you are not becoming their primary point of contact, they have escalated to you as they are not happy with the agents, but I am not an expert.
 
Short term, maybe you need to instruct the agents to contact the tenant, find out what their concerns / request are and report back to you so you can instruct them on how to proceed. 

dimbo61

Does the LA carry out regular inspections ?
Difficult I know with the current pandemic issues.
However have you crossed all the T,s and dotted the I,s 
IE Gas Safe Certificate, EICR, Fit for habitation checks ? PAT tested any portable appliances you have supplied ?
Does the property need major works doing to upgrade and refurbish ?

*~Zephyr~*

dimbo61 said:

Does the LA carry out regular inspections ?
Difficult I know with the current pandemic issues.
However have you crossed all the T,s and dotted the I,s 
IE Gas Safe Certificate, EICR, Fit for habitation checks ? PAT tested any portable appliances you have supplied ?
Does the property need major works doing to upgrade and refurbish ?

Pre-pandemic the LA did all the inspections, collected the rent etc etc.  Not sure they have restarted the inspections yet tbh.

Gas safe etc is done every year, or when necessary.  There are no major works needed.  The boiler was replaced a couple of years ago, but nothing needed right now.  But Tenant had a few niggles such as a dripping tap and a seized window that she said she has reported to LA many times and never received a response.  Minor things, but I can understand how annoying it probably is.

steampowered

You would be at risk of being fined if you became the "primary point of contact" for problems, so it is important to be clear that the primary contact remains the letting agent.

However, if the tenant is complaining to you about the LA not doing their job, that is completely legitimate. If repairs are taking too long then the LA should be given a kick up the backside - since as landlord you will have legal liability for being in breach of your legal obligations if repairs don't get done.

*~Zephyr~*

steampowered said:

You would be at risk of being fined if you became the "primary point of contact" for problems, so it is important to be clear that the primary contact remains the letting agent.

However, if the tenant is complaining to you about the LA not doing their job, that is completely legitimate. If repairs are taking too long then the LA should be given a kick up the backside - since as landlord you will have legal liability for being in breach of your legal obligations if repairs don't get done.

Thank you - That was what I thought.  I'm glad she contacted us because if anything more serious, an insidious leak or something, would be very serious if the LA dragged their feet over repairs!

pumas

Would the tenant be 'allowed' to copy you into emails?