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I engaged the services of an agent in May 2015, by September of that year I asked to end the contract and take over the management of the property myself due to them reporting issues late, over exaggerating an issue with the property (phoning me all panicked to inform me a sink hole had opened up outside my property when it was a crack in a drain cover) and failing to pass on messages re dates/times trades people to fix the problem to the tenants.
They agreed to this but being petty and vindictive, complicated matters by refusing to allow the deposit monies to be transferred to me, insisting that I provide an account number for a deposit protection scheme to that they could deal with the transfer. So I opened up a TDS account as I didn't actually have the deposit monies and provided them with details. They advised that the tenants would come into their offices to effect the transfers of the deposit money on 22nd September. They were my agents up until midnight 22nd September 2015 but to advise me that the tenants had not attended the appointment and that the monies and prescribed information had not been served.
I am aware that the agents undertook an inspection visit on 4th September. Their report to me was that everything was going well and the tenants were busy making the property their home prior to the imminent arrival of a baby. I visited in late September to fit an carbon monoxide alarm to find the tenants had painted the bathroom and toilet, replaced some floor tiles in the toilet, removed the lock to the front gate and replaced it with a padlock and removed a grapevine my deceased mother had planted at the property 14 years ago when it was my home.
In January 2016 I noticed that the deposit monies had not been transferred to me. I emailed them and they advised that my tenants failed to show up for the arranged date to transfer the monies and hastily set about arranging for the tenants to come to the office and have the monies transferred to me. I felt that as my agents still, they should have phoned me up to inform that the tenants hadn't turned up, especially given that due to their actions I was legally responsible for a deposit that I actually didn't have. They even emailed me in January advising that it would be easier for them if I used the same deposit scheme as them DPS. Obviously I wasn't going to pay for and open up another deposit scheme account. They have since advised that they ask all landlords to set up a deposit scheme and provide the account numbers before handing over a tenants deposit money. I don't believe this is the case. The law clearly gives Landlords 30 days to protect the monies and serve the prescribed information.
I also requested a copy of the inventory I had paid for as well as a copy of the signed AST as the agents had never provided this time me. They sent faked emails from an account I have never previously communicated with them via, save my monthly accounts being forwarded to me from it. I had every other email they had sent me save the one with the inventory and AST. The inventory made my house sound like a crap hole but apparently according to the agents I should have raised any issues within 10 days of it being given to me in May 2015, even though I never received it.
In early Janurary 2017 the tenants attempted to serve notice without giving me the required amount of time and requested I take monies from their deposit in lieu of rent which I refused to do. They then served appropriate notice. A few days later they asked about for details of the deposit scheme which rang alarm bells. I provided them with details but realised that the prescribed information could not have been served by the agents so I got in contact with them.
I raised the issues I had with them re the prescribed information and the fact that they had insisted on managing the transfer of deposit schemes and should the tenants seek to obtain 3 x the deposit from me I would be in contact as I held them responsible. I also asked for their complaints procedure . They didn't answer initially, so I asked again and was told an email had been sent to me with details of their complaints procedure. They advised they had sent me an email with the complaints procedure on 24th January. I had no such email so I asked for details of who sent the email as I hadn't received it and for a copy of it. They sent a copy by post!! Its fake, I have no such email.
Then on 12 Feb I received a letter from the agents which appears to be a response to a complaint by me dated 2nd Feb. I emailed them to thank them for the letter I received dated 2nd which I had received today and pointed out it was premature as I hadn't yet made a complaint and had only requested they send me details of their complaints procedure.
I paid the tenant back their full deposit and made them aware of all the damage they had done and the cost. By then they had failed to report a small but obviously long standing leak from a pipe in the kitchen which had resulted in the floorboards actually lifting from the joist, kick boards warping and the lino becoming mouldy. They had also painted more rooms, damaged a solid wooden door, taken it from its hinges to effect a poor repair and rehung it so it no longer shuts. In addition they had damaged a fence post somehow, removed it and dumped it in the front garden and replaced it at a very peculiar angle, removed the original curtain rail from the 1800's and disposed of all the curtains and blinds along with a dyson hoover. None of which I could claim for.
In the meantime polling cards and letters sent to the property clearly state a different surname for one the tenants as compared to the names on the leases and in the paperwork. So I don't think the agents took sufficient care when identifying the tenants.
Now this is where it gets really bad and twisted. I arranged for a tradesperson to undertake works on the property when the tenants left. He was a conman and a cowboy and did the most awful job. I refused to pay the remainder of the monies after visiting the property with a builder who confirmed how terrible a job it was, reported him to the police and trading standards and changed the locks on the property. The builder instigated small claims procedures two days later. He clearly didn't reckon on me taking up the challenge and defending the claim as well issuing a counterclaim. He has not even complied with small claims court procedures,. His particulars of claim were served late, no statement of truth, just a rant addressed to me as well as a character reference from my ex tenants and documents that he clearly states were given to him by my ex agents which included the itinery and a copy of the agents reply to the complaint I hadn't yet made which details my concerns at being liable for 3 x deposit should the tenants take me to Court. The builder it appears knows the step father of my tenant. Ive no worries about the Court process with him as I have established he was providing fake reviews to ratedpeople who have recently taken him off their site, and that he misrepresented himself by claiming to be a member of the Federation of Small Businesses, using their logo's on his paperwork and threatening me with legal action from them. FSB weren't at all happy when I told them about the situation. I now have leave from Court to adapt my counterclaim to include fraudulent misrepresentation. I'm a bit stuck on whether I need to alter the costs I am claiming not that I will receive a penny from him, I don't think he owns anything.
I'm so angry about the agents behaviour which was clearly designed to cause further upset and financial loss. I cant claim the monies for the damage from the ex teanants and I cant rent out or put my house on the market as I am in legal proceedings and have to preserve the evidence of the cruddy workmanship whilst awaiting the Federation of Master builders to undertake a report. Its costing me quite a bit a month at present. Ive been on the ICO and followed their advice to write to the agents advising that I am aware that they have given my personal information to my ex tenants and/or the builder, that I didn't give my consent to it and couldn't reasonably have expected that they would do such a thing and that I wanted them to advise under which provision of the Data Protection Act 1998 they relied on when doing so.
They seem to have broken so many codes as well as been negligent and malicious in their actions. I'm not letting this go. I know the first stage is to write to the agents and I have drafted a rough complaint letter but I am not sure what I am asking of them in order to redress the situation. Can I claim cost of the damage done by the tenant and the ongoing monthly payments I am having to make whilst my property is effectively frozen. I appreciate I could claim against the builder for damages for lost opportunity but he has no money. The agents clearly gave the information knowing that it could cause me a financial loss so can I claim for the cost of keeping the house off the market from them? Could anyone advise please.
Thank you
I engaged the services of an agent in May 2015, by September of that year I asked to end the contract and take over the management of the property myself due to them reporting issues late, over exaggerating an issue with the property (phoning me all panicked to inform me a sink hole had opened up outside my property when it was a crack in a drain cover) and failing to pass on messages re dates/times trades people to fix the problem to the tenants.
They agreed to this but being petty and vindictive, complicated matters by refusing to allow the deposit monies to be transferred to me, insisting that I provide an account number for a deposit protection scheme to that they could deal with the transfer. So I opened up a TDS account as I didn't actually have the deposit monies and provided them with details. They advised that the tenants would come into their offices to effect the transfers of the deposit money on 22nd September. They were my agents up until midnight 22nd September 2015 but to advise me that the tenants had not attended the appointment and that the monies and prescribed information had not been served.
I am aware that the agents undertook an inspection visit on 4th September. Their report to me was that everything was going well and the tenants were busy making the property their home prior to the imminent arrival of a baby. I visited in late September to fit an carbon monoxide alarm to find the tenants had painted the bathroom and toilet, replaced some floor tiles in the toilet, removed the lock to the front gate and replaced it with a padlock and removed a grapevine my deceased mother had planted at the property 14 years ago when it was my home.
In January 2016 I noticed that the deposit monies had not been transferred to me. I emailed them and they advised that my tenants failed to show up for the arranged date to transfer the monies and hastily set about arranging for the tenants to come to the office and have the monies transferred to me. I felt that as my agents still, they should have phoned me up to inform that the tenants hadn't turned up, especially given that due to their actions I was legally responsible for a deposit that I actually didn't have. They even emailed me in January advising that it would be easier for them if I used the same deposit scheme as them DPS. Obviously I wasn't going to pay for and open up another deposit scheme account. They have since advised that they ask all landlords to set up a deposit scheme and provide the account numbers before handing over a tenants deposit money. I don't believe this is the case. The law clearly gives Landlords 30 days to protect the monies and serve the prescribed information.
I also requested a copy of the inventory I had paid for as well as a copy of the signed AST as the agents had never provided this time me. They sent faked emails from an account I have never previously communicated with them via, save my monthly accounts being forwarded to me from it. I had every other email they had sent me save the one with the inventory and AST. The inventory made my house sound like a crap hole but apparently according to the agents I should have raised any issues within 10 days of it being given to me in May 2015, even though I never received it.
In early Janurary 2017 the tenants attempted to serve notice without giving me the required amount of time and requested I take monies from their deposit in lieu of rent which I refused to do. They then served appropriate notice. A few days later they asked about for details of the deposit scheme which rang alarm bells. I provided them with details but realised that the prescribed information could not have been served by the agents so I got in contact with them.
I raised the issues I had with them re the prescribed information and the fact that they had insisted on managing the transfer of deposit schemes and should the tenants seek to obtain 3 x the deposit from me I would be in contact as I held them responsible. I also asked for their complaints procedure . They didn't answer initially, so I asked again and was told an email had been sent to me with details of their complaints procedure. They advised they had sent me an email with the complaints procedure on 24th January. I had no such email so I asked for details of who sent the email as I hadn't received it and for a copy of it. They sent a copy by post!! Its fake, I have no such email.
Then on 12 Feb I received a letter from the agents which appears to be a response to a complaint by me dated 2nd Feb. I emailed them to thank them for the letter I received dated 2nd which I had received today and pointed out it was premature as I hadn't yet made a complaint and had only requested they send me details of their complaints procedure.
I paid the tenant back their full deposit and made them aware of all the damage they had done and the cost. By then they had failed to report a small but obviously long standing leak from a pipe in the kitchen which had resulted in the floorboards actually lifting from the joist, kick boards warping and the lino becoming mouldy. They had also painted more rooms, damaged a solid wooden door, taken it from its hinges to effect a poor repair and rehung it so it no longer shuts. In addition they had damaged a fence post somehow, removed it and dumped it in the front garden and replaced it at a very peculiar angle, removed the original curtain rail from the 1800's and disposed of all the curtains and blinds along with a dyson hoover. None of which I could claim for.
In the meantime polling cards and letters sent to the property clearly state a different surname for one the tenants as compared to the names on the leases and in the paperwork. So I don't think the agents took sufficient care when identifying the tenants.
Now this is where it gets really bad and twisted. I arranged for a tradesperson to undertake works on the property when the tenants left. He was a conman and a cowboy and did the most awful job. I refused to pay the remainder of the monies after visiting the property with a builder who confirmed how terrible a job it was, reported him to the police and trading standards and changed the locks on the property. The builder instigated small claims procedures two days later. He clearly didn't reckon on me taking up the challenge and defending the claim as well issuing a counterclaim. He has not even complied with small claims court procedures,. His particulars of claim were served late, no statement of truth, just a rant addressed to me as well as a character reference from my ex tenants and documents that he clearly states were given to him by my ex agents which included the itinery and a copy of the agents reply to the complaint I hadn't yet made which details my concerns at being liable for 3 x deposit should the tenants take me to Court. The builder it appears knows the step father of my tenant. Ive no worries about the Court process with him as I have established he was providing fake reviews to ratedpeople who have recently taken him off their site, and that he misrepresented himself by claiming to be a member of the Federation of Small Businesses, using their logo's on his paperwork and threatening me with legal action from them. FSB weren't at all happy when I told them about the situation. I now have leave from Court to adapt my counterclaim to include fraudulent misrepresentation. I'm a bit stuck on whether I need to alter the costs I am claiming not that I will receive a penny from him, I don't think he owns anything.
I'm so angry about the agents behaviour which was clearly designed to cause further upset and financial loss. I cant claim the monies for the damage from the ex teanants and I cant rent out or put my house on the market as I am in legal proceedings and have to preserve the evidence of the cruddy workmanship whilst awaiting the Federation of Master builders to undertake a report. Its costing me quite a bit a month at present. Ive been on the ICO and followed their advice to write to the agents advising that I am aware that they have given my personal information to my ex tenants and/or the builder, that I didn't give my consent to it and couldn't reasonably have expected that they would do such a thing and that I wanted them to advise under which provision of the Data Protection Act 1998 they relied on when doing so.
They seem to have broken so many codes as well as been negligent and malicious in their actions. I'm not letting this go. I know the first stage is to write to the agents and I have drafted a rough complaint letter but I am not sure what I am asking of them in order to redress the situation. Can I claim cost of the damage done by the tenant and the ongoing monthly payments I am having to make whilst my property is effectively frozen. I appreciate I could claim against the builder for damages for lost opportunity but he has no money. The agents clearly gave the information knowing that it could cause me a financial loss so can I claim for the cost of keeping the house off the market from them? Could anyone advise please.
Thank you
