Recourse available against unregistered Letting Agents???

[Eurasia]

Hi All,

 

I am hoping that someone out there can shed some light on the rights and regulations governing tenants and letting agents in the UK. In addition, if either party (in my case the letting agent) is not complying with the contract and UK governing law, what action can be taken? I am not currently looking to take formal legal action against the letting agent concerned, merely escalate the matter so that this situation can in some way be resolved without any further frustration and negativity.

 

 

 

I can provide more details if necessary, but for the timebeing here are a few key points:

• No inventory taken (furnished unit) - Agent notified - No action
  
• No notification of visits to the property (24hrs written notice or other) by the Landlord or Agent
  
• Access to the property provided to contractors by Landlord without prior notification or agreement (24hrs written notice or other)
  
• Faulty appliances and household services only attended to after several months following various written requests
  
• Formal written correspondence regarding the above (the 4th or 5th letter sent to the Agent) results in a response from the Agent which is personal and unprofessional (this is their first acknowledgement and response to any of my letters relating to the matters noted above).
  
• Following the repair and replacement of various appliances and similar, which were found to be faulty on occupation of the unit, the Agent sends further inappropriate correspondence in his and the Landlord's defence. Regardess of the circumstances the Agent now threatens to give defamatory references to any prospective letting agents whose services I may wish to make use of in the future.
  
• In addition, the Agent involved will not provide the details of the Company Directors or Shareholders and they are not registered with any governing body.
  

Any advice / comments are welcome.

Edited October 11, 2012 by Eurasia

[maroondevo52]

Hello and Welcome, Eurasia.

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[mariner51]

Letting Agents do not have to be registered or members of a prof body.

LAs are only the agents of the LL, and most grievances you post relate to LL resps.

LL or agent should only provide truthful refs IF requested, these may not be to your liking.

 

Only recourse is Letter Before Action to both LL & LA for 'breach of contract' before citing both as defendants in Small Claims Action. Chance of successful Court action - debateable, though LBA will alert LL to LAs management of your T.

[Eurasia]

Thank you for your feedback!

 

I assume that if the references given are found to be faulse, one would be entitled to sue the relevant party for deformation of character?! Hopfully it does not come to that. My deposit and all rental fees and utility fees are up to date and have never been late or short paid. Given that, and that the property is in fact being left in a better condition than which it was found, can only constitute a favourable reference.

 

My issue in general is the level of unprofessionalism relating to my case. Tell me if I am wrong, but the purpose of the Letting Agent is to manage the contract between the Landlord and myself. This entire debarcle could have been avoided were the Agent doing their job, and the Landlord complying with all aspects noted in the contract. I have read online, that legally, 24hrs written notice is required prior to the Agent or Landlord visiting the property. In this instance, not only has the Landlord just arrived at the property without notice, but he has also let himself into the unit unaccompanied. Would it possibly be better to take action against the Landlord himself? Surely, this can be seen as invasion of privacy and / or possibly breaking an entry?! In fact, on some level I feel harassed.

 

I am confident that I have acted in accordance with the Tenancy Agreement. My only request was that the Landlord give notice of any visits to the property and that the necessary repairs be made to faulty appliances etc. The fact that the Agent took no action for 2 and a half months, following several letters of request, has been dissapointing to say the least.

 

In my personal opinion, Letting Agencies should have to belong to a regulatory / professional body. This would result in better business practices and control within the industry; protecting both the Letting Agents and Tenants from unfair practices.