Complains about a letting agent

Yorkie006

Hi,
some of you may already know, I'm having issues with my former letting agent and I'd like to know if I have valid reasons for an official complain:

1) Deposit not returned 6 weeks after tenancy ended (5 weeks after the LA promised to return in full).

2) Deposit protection certificate not provided.

3) Rent increases announced by email (on two different occasions) - simply stating that rent is going up to X amount from X date - as far as I know, there is a specific from that should be used for this

4) Threatening behaviour - every time they arrange some sort (non-emergency) of work, they give less than a week's notice and threaten with fines and them using their set of keys to get access if you don't keep those appointments. This is even for things they should plan for in advance (ie annual gas safety check), they always give less than a week's notice. They don't take into consideration that people may be away on holiday for 2 weeks so won't receive the letter until after the appointment date.

5) Constantly lying about trying to contact me - for example, was chasing them up for an update about some repair that was supposed to happen but did not. They responded with: we tried to call you several times (but I had no missed phone calls) or we sent you several emails (again, not received any, not even in the spam folder). Also, promising to send some forms to fill in the post that did not arrive (that could be Royal Mail issue but I doubt it).

 7) Not being given the correct info at the beginning of tenancy (ie how to rent booklet, current gas safety certificate etc).

Every time I needed something from them (ie repairs), they were being difficult/evasive/taking too long to arrange anything (we're talking almost 2 months to arrange a simple thing like replacing couple of old fence panels broken during a storm). And then their standard response was 'we tried calling/emailing several times' (I know for a fact they never did try to call) and every time they wanted something from me, they gave very short notice and threatened me with fines if I did not comply.
Is this sort of behaviour normal?

I did not make any complains while I was still renting from them as I was afraid they would give me S21 notice and cause me a lot problems with having to move unexpectedly. I will not be making any complains until I get my deposit back so at the moment want to know if I actually have a leg to stand on. I very much doubt I'm the only person they were treating like this but I suspect people are just too scared of being evicted if they complained.

What are your thoughts?
Thanks!

BarelySentientAI

What would be the point in making a complaint after you've moved out and got your deposit back?

Yorkie006

The point would be that maybe, just maybe, they would become a decent letting agent that treats people fairly. I've been renting for decades and I'm sick of LAs who treat tenants like crap because they know nobody will complain our of fear of being evicted.

BarelySentientAI

A complaint from an ex-customer, who isn't asking for any sort of redress, is unlikely to change the behaviour of a corporation.

A complaint from a customer asking for a specific thing to be put right or wanting a particular resolution might get an answer.

But hey, if you want to write them a letter saying "I think you're a bit rubbish and should do better for the other customers", there's nothing stopping you.

Yorkie006

BarelySentientAI said:

A complaint from an ex-customer, who isn't asking for any sort of redress, is unlikely to change the behaviour of a corporation.

A complaint from a customer asking for a specific thing to be put right or wanting a particular resolution might get an answer.

But hey, if you want to write them a letter saying "I think you're a bit rubbish and should do better for the other customers", there's nothing stopping you.

Well, so you think what they're doing is ok?
I am not going to send them a letter. I was going to contact the redress scheme they're part of because that's what they're for.  Also, the LA is not a corporation, they're just a small business with about 6 employees. Getting a fine of any sort could be a wake up call for them. If people start to ask questions, who know what else will be uncovered? I'd be surprised the things I mentioned were the only ones not being done by the book so to speak. Some of the stuff is quiet serious (ie not issued deposit protection cert, withholding deposit for no reason after agreeing on amount to be returned, not following correct process for rent increases etc). There are laws/regulations in place to hold LAs accountable. Everybody complains about rogue landlords but some LAs are just as bad, if not worse.
If someone made a complaint about this one years ago, maybe I would not have to deal with their crap for years. Tenants are not choosing their landlord/LA, they're choosing a property that will be their home. Unfortunately by the time they find out what the LL/LA is like, it's usually too late and they have to put up with it or risk getting evicted/having to move again.

BarelySentientAI

Yorkie006 said:

BarelySentientAI said:

A complaint from an ex-customer, who isn't asking for any sort of redress, is unlikely to change the behaviour of a corporation.

A complaint from a customer asking for a specific thing to be put right or wanting a particular resolution might get an answer.

But hey, if you want to write them a letter saying "I think you're a bit rubbish and should do better for the other customers", there's nothing stopping you.

Well, so you think what they're doing is ok?

At what point did I say that?  They don't sound great and have clearly done some things badly.  That's very different from "I think this small business should get fined and go bust" though.

Yorkie006 said:

BarelySentientAI said:

A complaint from an ex-customer, who isn't asking for any sort of redress, is unlikely to change the behaviour of a corporation.

A complaint from a customer asking for a specific thing to be put right or wanting a particular resolution might get an answer.

But hey, if you want to write them a letter saying "I think you're a bit rubbish and should do better for the other customers", there's nothing stopping you.

Also, the LA is not a corporation, they're just a small business with about 6 employees.

Corporation (noun): an organization, esp. a business, that has a legally separate existence from the people who run it.

It is one.

Yorkie006 said:

BarelySentientAI said:

A complaint from an ex-customer, who isn't asking for any sort of redress, is unlikely to change the behaviour of a corporation.

A complaint from a customer asking for a specific thing to be put right or wanting a particular resolution might get an answer.

But hey, if you want to write them a letter saying "I think you're a bit rubbish and should do better for the other customers", there's nothing stopping you.

Some of the stuff is quiet serious (ie not issued deposit protection cert, withholding deposit for no reason after agreeing on amount to be returned, not following correct process for rent increases etc). 

To go through your 6 "quite serious points".

1.  So you go to the deposit scheme and get it back.  Not serious.

2.  So you claim the penalty (if that actually qualifies) and are protected from S21 due to lack of documentation.  Not serious.

3.  They don't have to.  They only need to use a correct notice to force an increase.  An email is fine if you accept it by paying the higher rent.

4.  They give a week's notice before turning up?  That's quite nice considering many tenancy agreements say 24 hours.  And they're doing the right annual checks?  Super.  Giving a week's notice for appointments isn't a serious failure. - Have they turned up without notice or for appointments that you have specifically said are not suitable?  That would be a different story.

5.  Yeah, a bit naff, but not really any harm done.  What sort of fine do you think there should be for saying "I called you" when I didn't?

6.  Didn't fix a fence fast enough after a storm.  Usual rubbish bureaucracy for something that doesn't really matter to them.  Again, how big a fine do you think this should be?

They might be a rubbish agent - there are plenty of them out there - but these are trivial things that are unlikely to get them 'punished' in the way you seem to want.

_Penny_Dreadful

Yorkie006 said:

Hi,
some of you may already know, I'm having issues with my former letting agent and I'd like to know if I have valid reasons for an official complain:

1) Deposit not returned 6 weeks after tenancy ended (5 weeks after the LA promised to return in full).

2) Deposit protection certificate not provided.

3) Rent increases announced by email (on two different occasions) - simply stating that rent is going up to X amount from X date - as far as I know, there is a specific from that should be used for this

4) Threatening behaviour - every time they arrange some sort (non-emergency) of work, they give less than a week's notice and threaten with fines and them using their set of keys to get access if you don't keep those appointments. This is even for things they should plan for in advance (ie annual gas safety check), they always give less than a week's notice. They don't take into consideration that people may be away on holiday for 2 weeks so won't receive the letter until after the appointment date.

5) Constantly lying about trying to contact me - for example, was chasing them up for an update about some repair that was supposed to happen but did not. They responded with: we tried to call you several times (but I had no missed phone calls) or we sent you several emails (again, not received any, not even in the spam folder). Also, promising to send some forms to fill in the post that did not arrive (that could be Royal Mail issue but I doubt it).

Every time I needed something from them (ie repairs), they were being difficult/evasive/taking too long to arrange anything (we're talking almost 2 months to arrange a simple thing like replacing couple of old fence panels broken during a storm). And then their standard response was 'we tried calling/emailing several times' (I know for a fact they never did try to call) and every time they wanted something from me, they gave very short notice and threatened me with fines if I did not comply.
Is this sort of behaviour normal?

I did not make any complains while I was still renting from them as I was afraid they would give me S21 notice and cause me a lot problems with having to move unexpectedly. I will not be making any complains until I get my deposit back so at the moment want to know if I actually have a leg to stand on. I very much doubt I'm the only person they were treating like this but I suspect people are just too scared of being evicted if they complained.

What are your thoughts?
Thanks!

Firstly, it’s unlikely you had a contract with the letting agency so they weren’t your letting agency, they are the landlord’s letting agency acting on the landlord’s behalf. 

1. The length of time to return your deposit might not have been down to the letting agent but the landlord. If you have now had your deposit returned probably best to let this one go even if it is annoying. 
2. If you were never provided with the prescribed information then you can take your landlord to court over this. The court must award you a value equivalent to 1-3 times the value of the deposit. 
3. Rent increases can be made in several ways. One way is to use a Section 13 which is what I think you are alluding to but the landlord requesting a new rent by, for example email, and the tenant accepting the new rent by paying it is also perfectly valid. There’s a section about rent increases at the top of the board if you want further information on how and when rent can be increased. 
4. Legally the landlord is required to give 24 hours written notice before entering the property. It seems like you received more than 24 hours notice.  I don’t think it’s threatening behaviour to say they’ll enter with their own set of keys if you’re not in as it’s perfectly legal for the landlord, or an agent acting on their behalf, to do so providing the required notice has been given. I imagine your tenancy agreement had a clause about allowing access for maintenance so by signing the agreement you had already given permission. 
5. Annoying but a bit pointless to complain about now that you’ve moved out.  

A lot of what you want to put in your complaint, whilst you might not have been happy about at the time, aren’t really grounds for complaint in that if you lodge a complaint with the letting agent and are dissatisfied with the response the redress scheme won’t do anything if you escalate the matter to them because the letting agent was operating within the law. 

The only part of your complaint that carries weight is not been provided with the prescribed information and that has the benefit of hitting the landlord where it hurts. 

RHemmings

Yorkie006 said:

The point would be that maybe, just maybe, they would become a decent letting agent that treats people fairly. I've been renting for decades and I'm sick of LAs who treat tenants like crap because they know nobody will complain our of fear of being evicted.

The EA will be a member of either the Property Redress Scheme or The Property Ombudsman Scheme. If you make a complaint to whichever scheme they belong to, after going through the EA's complaints procedure, then your complaint will be looked at. It is possible that the scheme may make an award to compensate you for inconvenience and distress. Though, these awards seem typically to be in the low-mid hundreds of pounds. However, this depends on the strength of your case and the ombudsman may take a different view from yourself. My reading of published case studies is that the judgements appear to be fair. If there is any bias at all - and I think there isn't really - then it would seem to be pro-consumer to me. It's also useful to read existing case studies to see if there is something similar. 

This is independent of whether you can claim for a deposit that wasn't protected. 

propertyrental

What Penny_Dreadful said above.