Consumer Proptection from Unfair Trding Practices 2008 and Landlords

[missmooch]

Hi Guys

Just wondered if someone more 'in the know' than me could help.

To cut a long story short a letting agent has behaved quite badly and unprofessionally towards me as a landlord. I was going to write to trading standards and explain to them exactly what the letting agent has done. Obviously I would like to structure the letter in a fairly intelligent and legal manner and was hoping to quote some breaches of law to them.:doggieyes:

I have come across the Consumer Protection from Unfair Trading Regulations 2008 Act, which I feel the agent has breached as I feel the agent had falsely advertised initially, has acted aggressively, failed to be professionally diligent and failed to give me necessary information in some form. I have proof of all of this.

However my only issue is in the definition of consumer. When I read OFT guidance on the act they quote the following:

whilst it should not be assumed every landlord is a consumer, the OFT considers it is sensible for agents to comply consistently with the requirements of consumer protection law when dealing with landlords, unless the landlord is clearly a corporate entity or running a business letting out many properties.

My questions are
1)what would make the landlord a corporate entity (a business registered with Companies House)?
2) how many properties would be considered many properties?

My situation is that I have 10 properties (many properties?) and am a housewife, and was when purchasing the properties, but a teacher by profession.

thanks for any advice.

MissMooch

[mo786]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

A Limited company (registered with companies house) would clearly be a business and so would anyone that lets out 10 properties.

Someone who maybe has 1 or 2 properties would most likely be considered a consumer.

If you are a business then you can look at the business protection from Misleading Marketing Rgeulations 2008. These Regs are more limited than CPUTR and mainly protect against misleading claism in your scenario.

It is possible of course the agent may be breaching the CPUTR if they are misleading consumers.

Worth also pointing out you may nto get much help from TS with a B2B issue.

[PlanB]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

a letting agent has behaved quite badly and unprofessionally towards me as a landlord. I was going to write to trading standards and explain to them exactly what the letting agent has done.

If you have a complaint about a letting agent you refer it to The Property Ombudsman not Trading Standards. TPO will investigate your complaint and help to put the problem right. You may also get any financial compensation due. Trading Standards are in effect the enforcement arm of the OFT. They do not provide a redress scheme. They can prosecute an agent if the agent has broken the law and the Magistrates court will fine them. There will be nothing in it for you except immense satisfaction and possibly some revenge if that's what you're seeking

Here's how to complaint to TPO: http://www.tpos.co.uk/make_complaint_rents.htm

[missmooch]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

Hi Guys

Thank you both for your kind replies.

Unfortunately TPO will only look at my complaint if the letting agent is one of their members, which unfortunately they are not , which is why I was looking at either Trading Standards or OFT.

[PlanB]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

Have you checked whether they're a member of the other redress scheme Ombudsman Services - Property?

http://www.ombudsman-services.org/property.html

[missmooch]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

Hi PlanB - yes tried these too, not a member here either. They where members of ARLA at some point but no longer are. I have emailed ARLA to confirm membership dates, but have not yet heard back, but think this is possibly a dead end anyhow as their membership has now ceased.

Just not sure where to go with this if trading standards/oft can't help.

[mo786]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

It is not compulsory to joi na redress scheme (yet) unlike for estate agents.

It depends on what the company is up to and how many complaints they are generating

Since all the cuts to local government, TS depts are one of the worst cut and generally if it is a B2B issue they will be less likely to get invovled unless there is consumer detriment/or fraud.

if you just want themto intervene on your behalf there is less chance of that - some on do something if there is a crime

prob worth winging an email off to your local dept and seeing what happens rather than writing a long letter which may end up being a waste of time.

[missmooch]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

Thanks for your kind reply mo786, will do as you suggest.

Will probably send to both oft and ts - cover all bases ha!

is it still worthwhile me quoting CPUTR to strengthen my case or do you think just mention facts?

many thanks to both of you for all your help so far....really appreciated as I'm at my wits end!

[mo786]

Re: Consumer Proptection from Unfair Trding Practices 2008 and Landlords

You can do if it is relevant - quote the law that is.

Bear in mind OFT do not deal with individual complaints - TS are meant to do that.