reporting a letting agent

Discussion in 'Finance, Property, Law' started by brettarider, Sep 24, 2009.

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  1. Is there a professional body I can complain to about a letting agent?

    To cut a long story short I moved out the rented flat in May of this year it was agreed when handed over that a light clean would be needed and this would be deducted from my deposit.

    I was told I would also need a letter from the council stating that I had paid my council tax up to date and none was outstanding. The council sent this out on the 28th of May. Letting agent claims never got have got it. Since then the council have re-sent the letter which they have now acknowledged they have received but it would take up to 28 days to issue a cheque out to me they will not tell me how much money I will be getting back they have also had over 28 days since the letter to issue out the cheque but still nothing. I keep getting fobbed off.

    I have as of today threatened them with going to the small court to recover the amount owed.

    I would like to report them to a governing body as I feel that they are being deliberate in whatever reason in withholding my deposit I feel that I have been patient enough and I find it odd that it's taken them over 3 months to sort out my account with them.

    And if anyone wants to avoid using them don't go here
  2. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

  3. Try the NAEA or ARLA (if they are members which, having looked at their site, they don't seem to be). If all else fails; try these people who I THINK (and my specialty is sales not lettings) they HAVE to belong to but I am not certain of that. If you get stuck, I have some very good contacts in the field so PM me. :)
  4. Were you incapable of cleaning it yourself? If you left it in shit state that perhaps the fault lies with you. I've rented throughout my time as a student, my last was a three bed house as have a little one. I know the agents often regard the depoist as a perk of the job and so made sure there was nothnig to quible about, right down to painting the whole place fcuking magnolia!! It took about a week to get ready for handover and I was praying the sour-faced old troll inspecting would try to pick up somethnig but she never did.

    Unfortunately, in your case, you've given them the ammunition to use against you. Get a breakdown of the cleaning costs - a 'light' clean suggests a cleaner for a few hours @ £7PH. I suspect thewy'll go for hundreds.
  5. The house wasnt left in sh1te state the living room was to be cleaned due to the fact there was some dogs hairs settled on the wooden floor after it had been swept out umpteen times. that is all it was agreed when doing the hand over.

    I'v pointed out that the flat has remained unoccupied since I have moved out (shitehole of a block of flats) and it would be bound to attract dust since they claim to have shown people around it since I have moved.

    I am concerned that they may be holding onto my deposit either to allow for a cleaning of the flat before viewings or that I just give up and forget about it.

    I've also pointed out to them that why wasn't my acct reconciled after the amount for cleaning was known and then it would have just been waiting for the councils letter to arrive. Why wait 3 months before doing anything why refuse to tell me over the phone who much they will be re-funding I thinks somethings stinks and they arent being totally truthful ie they have no intention of paying it back. You can never get hold of the person responsble for dealing with the money side of things
  6. Good point well made, wasn't been a twat, its just that to some people a light clean eqautes to an industrial purge. £50 max I would say and that's heavy. I'm so lucky, just got a private rent through no agent and a permananet let at that as the lad moved in with his fiance. Letting agents are scum - fight him - ring the cnut twenty times a day. If you get the opportunity, stand outside their office and tell people as they go in. I can imagine the dep is at least a good few hundred, possibly four figures as many ask for two months rent as deposit. DON'T GIVE UP and good luck.

    I used to cheat. My last house but one I defaulted in the last months rent and told them to take the deposit instead (before the DPS when agent held it). I handed it over a month later in immacualte condition so what the fcuk could they do?
  7. Deposit is £330 only had to pay a month up front I'll expect that they try the cleaning cost plus sending someone from their maintenance staff's travel/time

    I will call again tomorrow morning to give them plenty of time then it's the small claims court might even contact the evening post I'm sure they love printing about sh1rtty letting agents
  8. Just a minor one but as far as I have been told by Council Tax Officers the fact that you owe or don't owe any council tax after your tenancy runs out (note not when you actually move if before) then it has sweet fa to do with the landlord or letting agent.

    This is because you as the resident are liable and it has no come back on them if you are in arrears as you would be the one persued for the money.
  9. Just tried to contact the letting agent again today still had nothing from them so I've now contacted trading standards who will be paying them a visit tomorrow somehow I think it will be small claims court :x
  10. Just an update after managing to get a hold of the MD of the firm and kicking off threatening the small claims court I got a cheque in the post for the outanstanding amount minus £50 for cleaning.

    Still refused to give an answer as to why they fcuked me around even after asking 3 times for an explaination.
  11. Deep joy. I have all this to come and suspect they will try to hang on to my £800. Lets just say, they noticed that a drop on the lampshade was missing (and I signed to say this when I took the place over) yet missed some big feck off stains on the carpet!!!

    So did you actually report them to Trading Standards?
  12. I know from personal experience that the economic downturn has effectively resulted in many more instances of consumers being 'ripped off' usually for small amounts of money by ever increasingly inventive schemes. And it is always the same people that shafted, the poor the elderly, the young and those who look as if they just fell off a Christmas Tree.

    Some of these practices, like this one is, however, as old as the hills.

    The European Council and Commission, in consultation with the European Parliament recognised and addressed this problem within the member states some time ago and issued the Unfair Commercial Practices Directive in 2005 which has now been incorporated into our domestic law by way of statutory instrument: The Consumer Protection from Unfair Trading Regulations 2008.

    Unless those who deal with consumers actually wise up to some of these sharp practices, a trader may well find himself liable, on conviction on indictment, to either a fine or imprisonment for two years or both.

    Schedule I of the 2008 regulations contains a 'blacklist' of those sorts of activity which is regarded as 'unfair' in all the circumstances. Among the somewhat lengthy desidera of deceit is no 27 which expressly prohibits failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his contractual rights".

    I deployed this successfully to obtain a cheque for several hundred pounds for a lady who had settled a loan early and was entitled (although they are never told) to a rebate on early settlement pursuant to regulations made under the Consumer Credit Act 1974 (as amended).

    In other words if you are continually writing and receiving no reply, the trader or vendor or whoever else it is who is dealing with you as a consumer is likely to receive a very nasty shock when he is hauled away!" The mere threat is usually enough to bring out his cheque book.

    Bear in mind, that as a matter of evidence, if you are able to demonstrate that such correspondence has been ignored (ie, you have kept a copy of the receipts from the post office for letters sent recorded delivery - or you can produce an electronic email trace) then your case is made out, the burden of proof 'shifts' to the defendant in rebuttal - something he is extremely unlikely to successfully discharge.

    Something else the "nasty Europeans who want to take over the world" have done for citizens of the European Union! :wink: (see Poll!)

    You can look up the regulations for yourself on the Statute Law Database! (edited to add hyperlink to regulations)
  13. I did speak to trading standards who adivsed me it was a civil matter and to speak to the CAB which I did and the fella gave me some very good advice and told me how to go about dealing with it.

    After getting the MD on the phone he claimed the cheque had been written on the 2nd which I find odd as there was according to the secretary who seems to be the only person there no-one in the office to deal with it.

    Im 100% in guessing that they though by fobbing him off long enough he'll get bored with it and drop it and the acct was only settled on Monday it might only be £280 to them but that's nearly half of my legal fee's paid for my new flat :D

    As I said before don't give these robbing baastards your business
  14. They acually said that?!

    That is the equivalent of the Police saying that they cannot help because the complaint is a criminal matter!
  15. Can you not explain that there is fair wear and tear on leaving? I'm pretty sure landlords can claim 10% fair wear and tear when submitting tax returns.

    With regards to the Deposit I'm pretty sure that they [letting agent] cannot earn interest whilst sitting on too.

    Was there an inventory withh the tenancy agreement?

    Well done on getting deposit back minus cleaning fee though.