Can you report a property management compant for their conduct?

RSDH95

Hi all, 

I'd previously posted looking for some advice in regard to our tenancy agreement expiring - and the conduct of our property manager (https://forums.moneysavingexpert.com/discussion/6423018/landlord-stalling-before-tenancy-renewal#latest)

In short, we have been trying to seek a tenancy agreement renewal since December, but the property manager ignored our replies until the 11th hour and applied an arbritrary deadlines for us to respond. 

We advised that, following their 40% rent increase, they replace our sofa - it's quite cheaply made, it's tearing at the seams, and the cushions have deflated to the point you're sitting on the wooden slats underneath. 

Since then (c.2.5 weeks ago) we have been unable to get in touch and follow up regarding this matter, or in securing an update on a new fixed-term tenancy agreement, and they have ignored all attempts at communication.

Today, they got in touch advising us the landlord had rejected our request and that we only have two options going forward:

- Sign an agreement that functions as a months notice and we leave on 29 March; or
- We sign a fixed-term tenancy agreement for 6 months at the higher rate. 

We have been given a deadline of close of business tomorrow.

In any case, I wanted to check, is there an ombudsman or governing body for property management companies and is it likely we could flag their conduct?

It strikes me as incredibly unprofessional that the business simply ignore all communication and simply respond by blindsiding tenants with fake, time-sensitive, pressurised deadlines. Similarly they increased the heating and hot-water (not electricity) costs from 35 to 135 a month in January, with no notice and did not allow any appeal/negotiation, to any tenants. 

My concern is they are routinely employing this approach of scaring tenants with last-minute arbitrary deadlines and forcing them into agreements - we share with some really friendly young-families and some individuals who aren't native English speakers and it worries me they might be using this technique to exploit people. 

Apologies, it's a bit of a long post - but any help would be greatly appreciated.

theartfullodger

You don't need to renew or agree to a rent increase.  Why did you please?

In your tenancy agreement is your landlord named as the owner or as the property company please?  Your contract is with whoever is named as landlord.  Yes I understand the company probably has handled all payments and paperwork.

If they are a lettings agent then they should be registered with a lettings agent redress scheme - see details on shelter website ...  But IMHO negotiate with named landlord, not property company.

user1977

They're not "your" property manager, they're the agent for your landlord. In any event, you're entitled to ignore their invitations to you to sign a new fixed term agreement, in which case the tenancy continues at the current rent until either party gives notice that they actually went to end it. You're not require to pick one of their suggested options.

RSDH95

theartfullodger said:

You don't need to renew or agree to a rent increase.  Why did you please?

In your tenancy agreement is your landlord named as the owner or as the property company please?  Your contract is with whoever is named as landlord.  Yes I understand the company probably has handled all payments and paperwork.

If they are a lettings agent then they should be registered with a lettings agent redress scheme - see details on shelter website ...  But IMHO negotiate with named landlord, not property company.

We've never had any contact with the landlord directly and have never been provided any contact details I'm afraid, so everything has to be done via the property management company - their word essentially is final. 

propertyrental

RSDH95 said:

.........

Today, they got in touch advising us the landlord had rejected our request and that we only have two options going forward: Rubbish as you are aware, so ignore

- Sign an agreement that functions as a months notice and we leave on 29 March; or
- We sign a fixed-term tenancy agreement for 6 months at the higher rate. 
-you do nothing, stay beyond the end of your fixed term(29/3?)  and move to a periodic tenancy (rolling monthly) on the existing rent. It's the law. Have you read the links provided in your earlier thread?

We have been given a deadline of close of business tomorrow. To do what? Reply? Do nothing. Do not reply.Option 3 above is automatic.

In any case, I wanted to check, is there an ombudsman or governing body for property management companies and is it likely we could flag their conduct?
Yes. there are two. Check their website to see which.

.....

Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 2 schemes:

* The Property Ombudsman
* Property Redress Scheme

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 5: Rent increases: when & how can rent be increased?

RSDH95

propertyrental said:

RSDH95 said:

.........

Today, they got in touch advising us the landlord had rejected our request and that we only have two options going forward: Rubbish as you are aware, so ignore

- Sign an agreement that functions as a months notice and we leave on 29 March; or
- We sign a fixed-term tenancy agreement for 6 months at the higher rate. 
-you do nothing, stay beyond the end of your fixed term(29/3?)  and move to a periodic tenancy (rolling monthly) on the existing rent. It's the law. Have you read the links provided in your earlier thread?

We have been given a deadline of close of business tomorrow. To do what? Reply? Do nothing. Do not reply.Option 3 above is automatic.

In any case, I wanted to check, is there an ombudsman or governing body for property management companies and is it likely we could flag their conduct?
Yes. there are two. Check their website to see which.

.....

Since 1st October 2014, [link removed] requires letting agents in England to sign up to one of 2 schemes:

* [link removed]
* [link removed]

Post 4: [link removed]  what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 5: [link removed] when & how can rent be increased?

Thanks for your help!

I've just been advised by a neighbour that, when they moved onto a periodic tenancy, the property management company threatened issuing a Section 21 notice that will "ruin their and their guarantors credit rating" - so I'm definitely getting to the point where I think I'll need to explore these ombudsman/redress schemes and report them.

propertyrental

RSDH95 said:

propertyrental said:

RSDH95 said:

.........

Today, they got in touch advising us the landlord had rejected our request and that we only have two options going forward: Rubbish as you are aware, so ignore

- Sign an agreement that functions as a months notice and we leave on 29 March; or
- We sign a fixed-term tenancy agreement for 6 months at the higher rate. 
-you do nothing, stay beyond the end of your fixed term(29/3?)  and move to a periodic tenancy (rolling monthly) on the existing rent. It's the law. Have you read the links provided in your earlier thread?

We have been given a deadline of close of business tomorrow. To do what? Reply? Do nothing. Do not reply.Option 3 above is automatic.

In any case, I wanted to check, is there an ombudsman or governing body for property management companies and is it likely we could flag their conduct?
Yes. there are two. Check their website to see which.

.....

Since 1st October 2014, [link removed] requires letting agents in England to sign up to one of 2 schemes:

* [link removed]
* [link removed]

Post 4: [link removed]  what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 5: [link removed] when & how can rent be increased?

Thanks for your help!

I've just been advised by a neighbour that, when they moved onto a periodic tenancy, the property management company threatened issuing a Section 21 notice that will "ruin their and their guarantors credit rating" - so I'm definitely getting to the point where I think I'll need to explore these ombudsman/redress schemes and report them.

More rubbish!

A S21 will have no impact on your credit rating, nor your guarantor's.

Even if it goes to court and the LL obtains a possession order- no impact.

Even if it bailiffs are then instructed and focibly remove you- no impact.

The only impact on your credit rating would be if ALL the following happened:

1) LL applied to court for rent arrears, or for his court costs for implementing the S21, AND
2) the court ordered you to pay this £X amount (either as a one-off-or possibly at eg £10 per month) AND
3) you failed topay the amount ordered by the court.

Then and only then would your credit rating be impacted.

theartfullodger

RSDH95 said:

theartfullodger said:

You don't need to renew or agree to a rent increase.  Why did you please?

In your tenancy agreement is your landlord named as the owner or as the property company please?  Your contract is with whoever is named as landlord.  Yes I understand the company probably has handled all payments and paperwork.

If they are a lettings agent then they should be registered with a lettings agent redress scheme - see details on shelter website ...  But IMHO negotiate with named landlord, not property company.

We've never had any contact with the landlord directly and have never been provided any contact details I'm afraid, so everything has to be done via the property management company - their word essentially is final. 

I ask again, please, who is named in tenancy agreement as landlord?  Do you mean that it's the owner?

If you are not provided with an address for the landlord (which could legitimately be care of agent) then NO RENT is due 

Suggest you spend £3 with gov.uk land registry and find name & address of owner of your property.  

Takes 5 minutes online.

Please, please, clarify who - if anybody - is named on your Tenancy agreement (? You have copy ? ) as landlord.  Please!

macman

The LL's name and contact details are stated on your TA, and must be by law. They must be supplied by the LA within 21 days if requested, and if not you can legally withhold rent.
An S21 is a 'no fault' notice, and even if it leads to a possession order, it has nothing to do with your credit rating. This is just ridiculous scaremongering.

propertyrental

RSDH95 said:

theartfullodger said:

You don't need to renew or agree to a rent increase.  Why did you please?

In your tenancy agreement is your landlord named as the owner or as the property company please?  Your contract is with whoever is named as landlord.  Yes I understand the company probably has handled all payments and paperwork.

If they are a lettings agent then they should be registered with a lettings agent redress scheme - see details on shelter website ...  But IMHO negotiate with named landlord, not property company.

We've never had any contact with the landlord directly and have never been provided any contact details I'm afraid, so everything has to be done via the property management company - their word essentially is final. 

Again yet more rubbish. Their word is not final. The law is final.

I ask again: HAVE YOU READ THE LINKS PROVIDED WHICH EXPLAIN THE LAW?

Another bit of law: The Landlord & Tenant Act 1985 (click the link)   states:

1       Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

Criminal offence!