Letting Agency - No property inspection since October 2019 - House now in disrepair

[linzie]

Does this need to be headed Formal Complaint when sending

I require clarification from Letting Agency that the reason 'After careful consideration of our management portfolio & change in strategic approach  it is with regret I must inform you that going forward we will no longer be in position to continue management of No 10' given is my property the only property being let go by your Agency due to this reason?  (DO NOT add to this about your present issue leave it exactly as I have wrote it all you want from them is a simple YES or NO)

 

They have used the above paragraph to wash their hands fully of their reposibilities and mistakes.

 

The letting agency had in the formal complaint deadline of yesterday 16/12/2021 to send out a section 21 notice to tenant and copy to my daughter - neither have been done. They have until tommorow to clean and remove the rubbish in the garden which looks like it will not happen.

 

No agreements or anything received from letting agency, they will probably use the xmas holidays as reason for not replying. They close for 3 weeks soon.

[honeybee13]

See what stu thinks, but I'm not sure this is the right sequence of events. If you want to argue from a position of strength, I think it would be better to be armed with all the information from the contract or any other paperwork they have, rather than just fire off a letter of complaint when you aren't sure of your ground.

 

What about ringing the agency to ask if it's possible to have the information?

 

HB

[linzie]

Daughters complaint already sent reason is the agency are letting go off the property in Feb 2022. Washing their hands clean knowing they messed up. Daughters shall I say not in a happy mood!. Tenancy agreements for tenant and the agreement my daughter has signed been requested. No response so far.

 

Daughter sent the paragrah which stu showed a few posts before this

AFAIK the complaint can be updated once both tenancy agreement are received and resent back to the letting agency

Edited December 17, 2021 by linzie

[stu007]

Hi

 

I have to agree with honeybee13 and should have said to wait to see what the Agreement signed with the Letting Agency States and if their is nothing in that Agreement that and only then add it to what I stated then send it to the Letting Agency.

 

Is their any reason that your Daughter and I will say this again who is the Actual Landlord can't come on here as getting this from a third party?

 

Is their any reason that your Daughter the Actual Landlord can't go down to the Letting Agency in Person and ask for the Document required abiding by the COVID-19 rules?

 

Does your Daughter have Insurance for the Property the Tenant is in and if so have they checked if it offers Legal Advice?

 

Name the Letting Agency  (if everything stated here is true and factual there will be no comeback)

 

Has your Daughter sent a Subject Access Request (SAR) that I mentioned in Post#17?

 

You mention in post#18

 

Quote

My daughter has to give section 21 notice which is 4 months notice to the tenant, so how can the letting agency stop the manangement of the property in Feb 2022?

 

My daughter - can she put a request the letting agency ' handover the property back in its original condition without damp damage, without damage to exterior of the property at the back and no rubbish in the garden and without the tenant in the property?

 

1. You can ask the above but it all comes down to what is in the Agreement your Daughter signed with the Letting Agency

 

2. Now without the Tenant in the Property I can tell you now that wont happen as legal notices have to be served and you also point out 4 months notice to Tenant not with the date the Letting Agency wants to Hand the Property back to your Daughter the Landlord. Also even if notices were served and the Tenant has not left you would then need to go to Court to evict said Tenant and due to COVID-19 there is a backlog with the Courts so it could take a long time. 

 

[linzie]

The letting agency have not cleaned up the rubbish in the garden or issued a section 21 as asked for in the complaint letter. The dates for when my daughter wanted these to be actioned have now passed.

 

A builder has said the house next door is causing the water and damp to the house, the tailgate pipe he said is missing from the house next door and needs fixing in order to stop water from the house next door falling onto my daughters house and causing damage.

 

The house next door, bathroom has was coming into daughters house and the walls are damp and wet.

The house next door is rented with european tenants who do not understand english, so there is no way to get landlord details.

Daughter been advised to report the house next door to council for causing the damage to her house and house next door unfit for tenants. Maybe the council will force the landlord to fix the piping and pay for the costs to daughters repairs?

[linzie]

The letting agency have not cleaned up the rubbish in the garden or issued a section 21 as asked for in the complaint letter. The dates for when my daughter wanted these to be actioned have now passed.

 

A builder has said the house next door is causing the water and damp to the house, the tailgate pipe he said is missing from the house next door and needs fixing in order to stop water from the house next door falling onto my daughters house and causing damage.

 

The house next door, bathroom has was coming into daughters house and the walls are damp and wet.

The house next door is rented with european tenants who do not understand english, so there is no way to get landlord details.

 

Daughter been advised to report the house next door to council for causing the damage to her house and house next door unfit for tenants. Maybe the council will force the landlord to fix the piping and pay for the costs to daughters repairs?

 

House next door is either privately rented or gone through a letting agency, is it a good idea to send a letter recorded post to the house next door addressed to the landlord? This way it shows daughter attempted to get in touch with the landlord, then its upto the landlord if he/she respond to the letter or ignore it. Then go to the council?

Obviously the house next door need to be reported to the council

[stu007]

Hi

 

You have still not answered the questions I asked in post#29, you need to answer the questions asked and not bypass them

 

The Garden not cleared and the notice not given it all depends what is in the Agreement your DAUGHTER THE LANDLORD signed with the Letting Agency.

 

Irrespective the Tenant signed for the property and whatever rubbish is in that Garden if they haven't bothered to report it to letting agency is the Tenants responsibility to get removed. On the other hand since you have asked the Letting Agency to get this rubbish removed again depends what in Agreement signed and the Letting Agency may charge the Landlord for doing so note the may.

 

As for the Notice again depends on Agreement signed but is there any reason that your DAUGHTER THE LANDLORD can't do this and forward copies to Letting Agency?

 

As for the water issue with the next door property you would need to get a proper report done as to the cause and the cost to rectify I do hope your Daughter has Buildings Insurance as you will need to request the next door Landlords Insurance Details.

 

As for doing a letter and posting it to the next door neighbour letter box when you state the tenants don't speak English how do you expect it to get passed to the Landlord of that property.

 

1. Do your research of the property next door internet is a wonderful resource.

2. As all Landlords need to be registered with the Council try asking the Council (they may not give Landlords details due to Data Protection) but no harm in asking.

3. Check the Land Registry for the Property (there is a cost for this service)

 

Sorry but your DAUGHTER THE LANDLORD really need to register and be asking all this as dealing with this via a THIRD PARTY that does not answer questions asked that are relevant is making this difficult and your Daughter need to take a more pro active approach to this and do her research as I have said previously the Internet is a wonderful resource.

 

 

[honeybee13]

For £3, you can go onto the Land Registry website and find our who the owner of next door is.

 

HB

[linzie]

My daughter has said the letting ageny no longer manage from this year as they told her because of business decisions etc.

 

The letting agency have paid my daughter £300 same amount, she normally received from them after deduction of management. The tenant paid the letting agency £360, so the letting agency has deducted £60 when they have no right to do so - since they no longer manage the property.

 

Daughter asked for the remaining £60 to be paid, letting agency have said they wont pay the £60 they have wrongfully taken.

 

The letting agency reply  This months payment has been disbursed to you as a final payment, the rent had been remitted by the tenant and  been credited within escrow and then processed through our system to include our fee.

 

The letting agency were no longer managing the property when they received the rent, so why are the keeping the outstanding £60 and lying about their fee - they have no right.

 

The letting agency did not address any of the points raised in the complaint, they only sent the tenancy agreement she signed with them.

 

I will try get my daughter to sign up, she has received the tenancy agreement on which the letting agency have written in pen - No Inspections. This looks like a cover up

 

Edited February 8, 2022 by linzie

[stu007]

Hi

 

I have said time after time it is difficult to answer your questions without seeing the Agreement your Daughter signed with the Letting Agent irrespective your Daughter need to get her head into that she is a LANDLORD and as such has numerous responsibilities in being one.

 

As for the Letting Agent taking £60 from the Tenants of £360 we can't answer that question again without seeing the Agreement she signed with that Letting Agent.

 

As for the Section 21 Notice you want the Letting Agent to Serve on the Tenant again that comes down to the Agreement your Daughter Signed with the Letting Agent.

 

Has a Subject Access Request ISASR) I mentioned previously been sent to Letting Agent?

 

As the Letting Agent is no longer responsible for Managing the Property again the Buck stops with your Daughter the Landlord and she is now responsible for that Property.

 

1. Does she have copies of the Tenancy Agreement?

 

2. Does she have copies of the Letting Agent Tenancy Inspections when Tenant Moved In?

 

3. Does she have copies of what Scheme the Tenants Tenancy Deposit is in and notified the tenants of this change that she is now the Landlord?

Tenancy deposit protection - GOV.UK

WWW.GOV.UK

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Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice

 

4. Does she have copies of Gas/Electric Meter Readings for the Property?

 

5. Does she have a copy that the Tenants have been given a copy of  the 'How to Rent Handbook', if not has she provide copies of these to the Tenants and has a Record of this?

How to rent - GOV.UK

WWW.GOV.UK

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This guide is for people who are looking for a house or flat to rent.

 

6.Has she researched and knows what notice to give if wanting to inspect the Property?

 

7. Has she researched and knows what notice to serve if wanting to evict a Tenant?

 

8. Is she aware that she will have to keep Accounts for that Property?

 

9. As she is now the actual Landlord has she notified the Tenants and who to contact if repairs/complaints etc. about the Property?

 

10. Does she have a Copy of the 'Right to Rent Document Checks? (and have these check been carried out with the present Tenants and any future Tenants?

Right to rent document checks: a user guide - GOV.UK

WWW.GOV.UK

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Guidance for landlords and tenants on how right to rent checks should be carried out and which documents are acceptable.

 

Sorry but your Daughter as the Landlord really needs to take ownership of this as everything to do with that property she is renting out the BUCK stops with her the LANDLORD.

 

She can't just pass it to a Letting Agency and think that's it not my responsibility as it is fully her responsibility as she is the Landlord not any Letting Agency she Employ's to Maintain the Property on here behalf.

 

Sorry to say this but IMO your Daughter either needs to step up and be an actual Landlord with all the legal responsibilities it entails and research exactly what that is and not just rely on a letting agency or decide what to do with the Property.

 

 

 

 

 

 

 

 

 

[linzie]

stu007, she the letting agency last year 

1. Copies of the Tenancy Agreement

2. Does she have copies of the Letting Agent Tenancy Inspections when Tenant Moved In

 

Letting agency never provided them, just told her they are no longer managing her property.

 

She is taking over herself, since the letting agency said no to manangement because they got caught out not doing any inspections past 2 years.

 

 

 

[linzie]

Daughter has managed to find out the letting agency which is managing the house next door which is has a missing tail pipe which is connected to the guttering is missing, this is causing water to come down my daughetrs into her house causing lots of damage inc damp t othe house inside.

 

She has got a surveyor out who told her the reason for the water/damp damage to her house is the missing tail pipe from next door and water from next door room coming into her house. She has asked the letting agency responsible for next door to the tail pipe fixed.

 

She is going to get quotes to repair the damage to her house, then report the letting agency for the house next door to the council to get the council to get the tail pipe fixed.

 

Then she is going to take the letting agency or the landlord to small claims court for the costs to repair her house.

[stu007]

Hi

 

As she now know that the water damage has been cause but the next doors roof with a missing tail pipe she need to know from the Letting Agent responsible for that property the following:

 

1. The Landlords full Name and Contact Details. (they may not give this due to DPA but no harm asking to see what response they give)

2. Copies of the Landlords Insurance Details. (you will need these as that landlord will claim via there insurance which they should have)

3. Why had the Letting Agency failed to see this issue of the missing tail pipe if they were carrying out inspections of that Landlords Property.

She also needs to research the Letting Agency of that next door Property especially if she ends up due to this water damage having to take this further to Court to recoup her costs due to the water damage. She need to have a good look at their website (or tell use who they are and location) and also check them out on Companies House for their Registered Office Address as said in case you need to take this further you need to serve papers at the correct registered office address.

 

As she has now decide to take over the responsibility to let the property does she realise exactly what this entails as it is a lot of responsibility?

 

She needs to have a good read of this Topic and specifically post#35 as that is just some of the responsibilities as you also have

 

Data Protection Act 2018

General Data Protection Regulations 2018

EPC Certificates

Electrical Certificates (if installed)

Gas Certificate (if installed)

Fire Safety 

Private renting: Your landlord's safety responsibilities - GOV.UK

WWW.GOV.UK

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Private renting as a tenant - repairs, rent increases and arrears, settling disputes, deposits and your rights and responsibilities.

 

Does she understand an know the process of how to evict a Tenant?

 

Does she know and understand the process if she want to inspect the property?

 

Does she know and understand the process if a Tenant reports Repairs needing carried out?

 

Does she have Landlord Insurance?

 

She also need to take decisive action with the present Managing Agent that has now withdrawn from the property as she need to write to them insisting that she is given copies of everything to do with her property (in fact the properties complete file) as she will require all this documentation especially if the present tenant raises something that was during this period of them managing the property she need to be able to respond to that.

 

I still must ask if your Daughter is taking over the responsibility of the Property as Landlord then why is she not asking these questions here. 

 

 

 

 

[linzie]

Daughter called the Letting Agency next door to demand they fix the pipe, the response was someone will come asap to look and fix it, now 2 weeks on and nothing done and the past week with heavy rain and storms has caused even more damage to daughters property the water has come inside the walls of the property causing black damp in the bathroom and kitchen. It appears the walls will have to be taken to bare stone removing plaster boards etc to fix the water damage ONLY after the Letting Agency of the house next door fix the tail pipe.

 

Daughter called the Letting Agency of house next door, they have no interest, so she is now going to call her insurance company to them

[linzie]

Insurance have logged the complain - on hold because they can't proceed any further UNTIL the pipe next door is fixed!! They told my daughter to get a solicitor to send a letter demanding next door repairs are carried out ASAP - but that will cost expensive to use a solicitor. She is looking if she has legal cover on home insurance for legal costs if they can help with using their own solicitors

[stu007]

Hi

 

You have still not answered my very last question in post#38 (all this is better coming from your Daughter rather than a third party)

 

Your Daughter still needs to chase the previous Letting Agent to get Copies of the Agreement she signed with them and specifically a copy of the Tenancy Agreement that the Tenant signed with them as as present that Tenancy Agreement still stands and she also needs to know and have copies of the Tenancy Deposit Scheme the Tenants Deposit was secured into (if a deposit was paid) as she needs to inform that scheme she is now the responsible Landlord.

 

She needs to write to the previous Letting Agency and ask for the above and in the letter add the following:

 

As the legal Landlord of XXXXX Property which your Letting Agency were Managing on my behalf I require copis of the following which I am legally entitled to:

 

Copy of the Agreement signed between (insert Daughters Name) and your Letting Agency to Manage my Property.
Copy of the Current Tenants Tenancy Agreement.
Copy of the Move In Inspection carried out by your Letting Agency.
Copy of the Properties Accounts until you ended Letting of the Property.
Copy of the Tenancy Deposit Scheme the Tenants Deposit is Protected in. (delete this if no deposit paid)

 

As I am the Legal Landlord of said Property I am entitled to the above

 

If your Letting Agency refuse the above claiming you are not required to send these due to the Data Protection Act 2018 then I require further clarification as to exactly what Article/Section of the Data Protection Act you are referring to for your refusal.

 

If am not satisfied with your response I will make a Formal Complaint to the Information Commissioners Office (ICO) of your refusal and reason being the Legal Landlord of that Property and fully entitled to copies of what I have asked for 

 

I look forward to your response within the next 14 days.

 

 

Note: If they do not respond/or claim Data Protection then you complain to the information commissioners Office (ICO)

 

 

 

Now reference the water/Damp issue to your property now caused by the next door property.

 

The Home Insurance I assume this is for the Property she is Letting and is the Home Insurance Company aware that the Property is 'Let Out' and she is the Landlord? (Is this Property Landlords Insurance? look it up, if not she needs to be careful because if she hasn't informed the Home Insurance she is letting out the property and they find out during this process I am not saying they will but they could possibly void the Home Insurance as they were unaware is was let out to a Tenant) (Could you please clarify this)

 

She should never have phoned the letting agency for the next door property as she needs to keep a good paper trail of everything that is going on especially if this is going to go through Insurance Companies she need to put the question I mention in post#38 in writing to that specific Letting Agency (not on the phone)

 

Has your Daughter considered that she may need  to pay for someone to survey her property to assess exactly what has caused all this damaged to her property and if the report exactly points to this missing tail pipe from next doors property then that is more evidence as to the cause of the damage to her property.

 

Your Daughter really need to STOP phoning people and put everything in writing as she needs to keep a paper trail and she should know this as a Landlord.

 

You need to bear in mind this is a Self Help Forum and to date from this entire thread your Daughter is not helping herself nor doing any research into the responsibilities of a Landlord especially since she is taking over the Landlord Responsibilities for her property which she was fully responsible for when it was being maintained by the Letting Agency she employed the Buck Stop with Her.