How To Make A Complaint Against A Letting Agent

Sam2010-08-19 17:28:35 I wish I could complain about some of the horrible landlords I have had..yes it can happen the other way as well!

Agents get a bad press and you know quite a lot can be laid at the landlords doors...the amount of times I have had to explain to cheapskate landlords why we have to spend money to fix problems to keep tenants is extraordinary! 1

ellie2010-08-24 15:33:49 will let you know how I get on - just about to start procedure.

letting agent has put tenant into my late mother's house without my knowledge or agreement. only found out today when I casually asked when the possible tenants would like to move in, only to be told,'they moved in last week'. dont i get a say in this? i know i'm new at this but surely they kind of have to run this by me first and get me to sign something. 3

ellie2010-08-25 17:28:43 Hi landlord

No never given an opportunity to sign tenancy agreement. Only got my copy five days after they'd moved tenants in (which they neglected to tell me about) - only found that out yesterday when i casually asked 'and when would these prospective tenants like to move in', to be informed, 'they already have'. This is after me informing agency in writing, that i was not happy with their basic checks and wanted to do my own more thorough checks before giving the go-ahead for the tenancy to go ahead. They haven't even got the right person's name on the tenancy agreement, i.e. they've got mine but I'm only the executor and it should have been in the names of the beneficiaries, but that probably doesn't mean much I suppose.

I know....I'm stupid, naive....but I'm new to this game and thought I'd done enough research. I now feel that I've lost control and that this property belongs to the agency rather than my family and therefore, I have no rights over it. 5

ellie2010-08-25 22:22:06 Thanks Landlord.

Fortunately they are a member of NALs and once I came down off the ceiling, I got in contact with them and although I expect them to be biased toward the agency at least a recognised 3rd party will be involved. So they have advised me to follow their procedure and if I'm not happy, to take it to ombudsman. When I said I feel I should be seeking legal advice, they told me why pay for something that can go through them and it will be free. They were very positive that it can be resolved - to whose satisfaction is another thing. But I'll keep you informed.

The main thing is to keep in my mind that this is our property, something I forget everytime the letting agent tell ME what is going to happen.

To be honest I feel really bad for the tenants, they haven't even got full access around property as the relevant keys are still in my possession due to this all being done so quickly. They moved them in 10 days exactly to when they contacted me to say they had a possible interested party, surely that must be some record. I wont admit this to anyone else but I find this rather suspicious. 7

Sam2010-08-26 06:22:16 It sounds to me that you have not used an agent before. When a letting agent takes on the management of a property that's what they do. Perhaps you did not realise this. Perhaps you have yet to realise that while this is your house, it is your tenant's home - and your agents have enabled this to happen.

Why would you be suspicious that they found you a tenant after 10 days? That's their job - that's what they're paid to do, why do you have a problem with that? Why don't you let the agents get on with their job. On some properties we have found tenants within 24 hours for our landlords - that makes us good at what we're doing.

You mention you could do better checks, contracts etc than the agents - in all honesty I have no understanding why you even approached an agent seeing you think you can do it so much better. 8

Sam2010-08-26 07:36:31 I think it all depends on the landlord. Our professional landlords trust us to get on with the letting and management of the property. They trust us to find good tenants as they know that we will be the ones who will be managing it (hence if we have problem tenants it will be up to us to sort including getting the tenants out!). We thus manage many properties where the landlords do not know who lives there - BUT they are always welcome to visit the property (with prior notice and agreement with the tenants) We have nothing to hide. We will tell a landlord everything about the tenant that they want to know.

As agents we find the tenants, conduct all referencing, credit checks, sign ASTs on behalf of landlords, conduct inventory, move people in, lodge deposits, sort any issues etc. The landlord can live in Australia (and we have some that do) - that is the beauty of using a good agency - things happen without you having to live next door!

A couple of our landlords like to meet their tenants before they move in and so we also accomodate that. It all depends on the landlord and their personal preference. Perhaps on this occasion the agents have been too quick for the customer and unfortunately forgotten the landlord's wishes to meet the tenant before. I am just putting forward the possible agent's argument as I see things from the other side of the fence, so to speak. 10

Sam2010-08-26 08:25:28 Yes I agree if the landlord said not to go ahead then that is wrong. What have the agents said in their defence? 12

ellie2010-08-26 10:15:40 I appreciate your prospective Sam, but I am not a professional landlord and there is a lot of emotional baggage with the property. Apart from the fact, as executor, I have to explain myself and how I let this happen.

You sound extremely good at what you do, wish I'd had someone like you looking after things.

The agents have denied everything and have said they notified me of the move in date but there's 2 problems here. One, on the two letters they say note the move in date, they do not, i.e. no move in date and two, if you see all the correspondence it is obvious that I am making requests and then receiving documentation dated prior to my request showing things have already happened. Also, at the time of my making requests, at no time are any staff using the opportunity to inform me its too late, that's already happened. They are just agreeing to my request, sending me whatever I've requested and letting me find out that way that they've already done it their way anyway. I.e. when I said I wanted to see the tenancy agreement before it was signed, they didn't say anything just sent me my copy of the signed agreement. That's how I had the first idea of something wrong, when I questioned why it was already signed, they still didn't tell me they'd moved the tenant in. It was only when I actually asked - well, when would they like to move in - that they told me. I'm sorry Sam, but I have no trust in the way they are doing business but I hope they prove me wrong. 13

Sam2010-08-26 11:29:04 I understand and empathise with your situation. This is made much harder due to the emotional baggage as you say. I know it is hard but you have to try and detach yourself from the property as it is now being rented. I agree with your thoughts on what agents have done - sounds like they are trying not to argue with you. Do you feel there is a way to make this relationship work? Can u make it work? Do u want to? 14

ellie2010-08-26 11:33:50 Hi Sam

yes I have to make it work because its not fair on the tenants. that's the problem, its the agency, not the tenants.

but I at least want an explanation from the agency and who knows, maybe it will make them think twice next time.

however, if they do turn out to be the tenants from hell, i'm in deep s**t. 15

ellie2010-09-18 13:28:14 Just thought I'd give an update, although not much has happened and I feel a bit at a loss as to how I can go forward on this. So any feedback gratefully accepted.

Firstly, NAL had to intervene 3 times in order to get agent's complaint procedure. Since then its as if they are totally ignoring it, in that they have not stuck by their own procedure. I.e. acknowledge my complaint in three days - not done. Reply to my complaint within seven days - not done. At the same time, they are in contact with me as regards a toilet leak and today they sent me a 'confirmation of tenancy' letter but as to any correspondence I have sent them its as if it doesn't exist. So if they don't respond to the issue in hand, how am I suppose to continue this. I did send them a reminder together with a copy of my original complaint - nothing. 16

stephen gilmartin2010-09-21 21:24:04 hi I was wondering if anyone had a problem with letting agent.The problem i have is the tennant is now in arrears of nearly 5 months housing will not pay rent even although he is unemployed.He paid his deposit & 1 months rent then went unemployed.The housing eventually paid rent after 3 months .THE tennant only paid 2 months to agent saying he had to pay other bills.The tennant was on job seekers allowance and was paying some of the arrears with his money .I only found out the tennant was not paying agent when i checked my bank account .I have phoned agent he is never in or at a meeting or will phone you later (never does ).I have even e/mailed he dose not reply where do i go from here can i claim agent for not letting me know about arrears as it was agent who vetted him I hope somaone can help thanks steve 17

Arvin2011-01-07 10:37:58 Hi

I am having this situation with my agent.

He got me a tenant, and 2 days later the guy started complaining that 1 room didnt have carpet (since the house was under renovation) and that the stairs carpet are dirty. Obviously we agreed to put carpet in the room, but not on the stairs. I bought the carpet with fittings, but once the carpet peoples were there, the guy refused the carpet because we did not send stairs carpet and also since it was a bit shorter for the room (which we would definitely have extended). He then sent a letter to the agent, saying that if it has not been done in a week time he will change it himself and threatened not to pay the rent in return.
I arranged to get new carpet for the room and for a company to have the stairs carpet steam washed, but by that time the guy already changed the carpet both on the stairs and in the room, without our consent. The agent have now given them an eviction letter (I think they said under section 321) to vacate the house within 2 months as of now (they joined in on the 26th Nov 2010).
Now my big problem is, I have still not receive my rent money which was due for the 1st of this month (and today we are the 7th). The agent is saying that they will check if they are allowed to withold the tenant deposit to give it to me, but if they are allowed to, then they can only give it to me when the tenant moves out (means in up to 2 months!) They refused to pay me from their company account and replace the money when the tenant moves out. I am still wondering what is the role of the agent?? He keeps telling me all the stories of the tenant, why he is not paying me on time etc. Well if i wanted all these hassles i would have not gone through an agent and would have rather found my tenants on my own!
Can anyone suggest what i can do to get the money asap (since i am now late with my mortgage payment). I would like to mention that the agent was late in sending me the contract, so i got it a bit late but till now i have not yet signed the contract.

Arvin 18

David palfreeman2011-03-28 17:00:06 I'm having an absolute mare at the moment with Letting Agent and Landlord - morgan and butler in Enfield - stay well well away, thanks for the above information it's a godsent.
Jd 19

Collins Eyaru2011-03-31 19:08:05 I've just had an interesting read of the above comments and I would want to add my comment from the Tenant's perspective. I moved into a property via a letting agent called Cooper Lets in Sunderland in May of 2010.
It was a nightmare trying to get this put right as the Landlady lives in the US. I informed them that I was looking at staying at the property for a long-time for me to save and get my own mortgage as I was at my old property for two years when the owner said he wanted to move back into the property.
Unfortunately, in late October i was given notice to evacuate the property on or before the 29th of December> I was distraught as we were just settling down to the property as a home for me and my wife. As few weeks before the expiration of the deadline for evacuation I had not gotten a suitable place to relocate to and so i called Cooper's to ask for an extension. Being that it was around Christmas I was granted a stay of execution so that i could look for a new place in January 2011.
I then paid my rent for the month of January. I must state here that i always pay my rent a week in advance, usually on the 23rd of every month as against the 29th.
I started looking for a new place in January and the Letting Agent (Cooper) called me to inform me that they had a property that would be available from the 28th of February if I was interested. They promised to speak to the Landlady to give me an extension. The very next they called me to inform me that having spoken to the Landlady, she insisted on our moving out by the end of January and such i had to get a new place sorted before the terminal date. Two day later I got a letter in the post dated the 20th of January requesting the possession of the property and a checkout date of the 31st of January.
I eventually found a new place. Cooper's was contacted by the new letting agent for referencing which they did. Unfortunately, the property was not ready for me to move in as of the 31st of January due to administrative hiccups from the new letting agents. I immediately contacted Cooper's to inform them of my predicament, they said there was no problem with my staying over till my new place was sorted. They however, requested that i keep them informed every step off the way. I must say that at this time, my wife and i had finished packing two weeks prior anticipating our move. We had been living from our removal boxes from then. Eventually on Friday the 4th of February, i was told by the new letting agent that the house was now ready for occupation. I immediately informed Cooper's that i would be moving out the next day as my new house was now ready. I also enquired about how soon i could get my bond back and was told that my bond will be given back to me once all my bill for my utilities(gas, electricity, council tax, telephone) had been transferred to my new address. I was also informed that we would have to take the final utility meter readings together in the course of the check out procedure.
I requested for the checkout to be done on Saturday the 5th of February which was the date I moved out of the property. I was told that there was no one to do the check out on the 5th but on Monday the 7th, they'll be available.
My wife and i scrubbed and cleaned everywhere till it was squeaky clean. We moved out on Saturday the 5th but came back on the 7th to go through the inventory for the checkout. The Cooper's agent made a note of a tea spill on the carpet which we cleaned but was still damp in the process of the check out and also made a note of discolouration on a two seater settee in the living room. i protested that the condition of the settee was not as a result of wilful or malicious damage but rather as a result of wear and tear of the leather. From the tenancy agreement, a tenant is not liable for the natural wear and tear of any accessory in the household. The Cooper Agent begged to differ and said he was going to get someone to have a look at it and get a quote for repairs if it was actually malicious damage.
A week later, he called me and said the landlady wanted £150 for cleaning the carpet and the repair on the settee. I said I wasn't going to pay for the settee because its present condition was as a result of wear due to use. He had not gotten someone to check on the condition of the settee as he'd promised instead he was trying to fleece me of the money from my bond.
I requested that he put his offer in writing and i would respond accordingly. We started send mails back and forth and eventually they came back to me saying that the landlady was insistent on my paying for the settee. I said a fairly used settee complete with both a three seater and a two seater would cost about £150 that I wasn't going to pay £150 for a settee I would get for less than a £100 from a second hand shop. At the beginning of the month, I got a letter in the post saying that the Landlady wanted to them to take the case to the TDS (Tenancy Deposit Scheme) for arbitration since we now had a dispute on our hands. I responded to them saying that they should take it there and i was ready to prove my case. I contacted the Citizen's Advice Bureau and they told me my rights and also refereed me to Shelter a charity that deals with issues like this.
I was advised by shelter to get photographs of the settee and the carpet before we can proceed, I called the letting agents and told them i wanted someone to look at the settee and the carpet and i took photographs of those. I also called them and told them that i was waiting to hear from the TDS as regards the dispute since they had taken it to them. I was then told that they had not taken the case to the TDS because they were waiting for a quote from the Landlady as regards the repair to the settee!
I took the photos to an upholstery specialist in Sunderland and immediately they saw it they said the condition was as a result of wear that the leather used was substandard. They also referred me to a company in Washington that does leather repairs to get a quote. I didn't bother going to the company because I had been told that the settee's condition was as a result of wear.
I got a call from the letting agent yesterday requesting for my quote on the repairs for the settee and I told them I didn't get a quote because the professional Upholsterer told me that the settee was as a result of wear not damage. i also offered to get the carpet cleaned by a professional whom I shall be meeting tomorrow at the property.
Cooper Lets have held on to my bond two months after living the property without doing anything meaningful or adding value to my transaction with the Landlady, they said they would get someone to look at the settee last month and they still haven’t done that till yesterday. They also said they were waiting for my quote before going to the TDS to lodge the dispute! What a ridiculous excuse. If it was their money would they have allowed it to go on for this long? Now imagine if I needed the money to make up for my new place as a deposit, which would have meant my living on the streets. Fortunately, today I sent an email up to the Professional upholster in Washington and they came back with their professional opinion that the leather for the settee was sub standard, hence the discolouration and not damage form us.
I intend to let everyone know how callous these letting agents are! They even want rent for the days I overstayed and they didn't tell me from the onset that I was going to be charged for those days when I told them of the initial problems I was having with my new letting agent! I intend to pay for those days but I genuinely thought they were being helpful knowing that I had been a good tenant while I was with them. 20

Gladys Cornwell2011-06-16 12:44:29 I have a complain about our letting agency Spark & son, the hallway lights in my building hasn't been working for over a month now, we went to the agency at least five times and they keep telling us that they going to send someone to fix it but 5 weeks later still not fix, and also there is blood at the stairs maybe someone fell because there was no lights, who is supposed to clean the hallway stairs as it's absolutely dirty plus the blood make it more disgusting the building is 3 floors and it's quiet dangerous at night without a flashlight... Thanks 21

Holden2011-09-19 09:15:24 My letting agents ahve really messed us around. We are wanting our house back from a tenant we have. The S21 was given and the tenant refused to leave as she was advised by Housing Team she would make herself homeless if she left.
The agents then completed the N5B form for possession on our behalf. We though this would be ok as we are paying our agents for this kind of management. When we got the court hearing date, the case was rejected as the judge told us that the case, the claimiants name was the letting agents and not the landlords!! So case was closed.
We went to see the agents and we were promised they would sort this problem out and give us the refund. We went ahead again with them. A new form was sent to court and the agents paid the fees.
Problem? Court had sent us the form back and the cheque from the agent stating the fees were incorrect amount!!So again we are being delayed to get a court hearing date and getting rid of the tenant!!
My agents are not registered with the ombudsman or rla. How can I make a big compliant against them for negligence and failing the landlord? Such a headache renting and headache with tenant!!
Any advice would be good. Thanks 22

tina2011-11-12 16:30:36 hi ihave let my flat out for thre yaers with an agent on six monthly rental as the tenant wanted to move out i asked the agent to market the flat as so i can get a tenant in as soon as posible as i needed to pay the morgage after nearly 4 months with one in they did one refrence check which they say did not go through i put the flat up with another agent as well how ever both these agents have found tenants and done reference cheks and i opted for the second agent but the first agent wants £346.26 £200 for refund reference fees and 146. 26 25% agents fees due agreed let 23

Annon2012-01-11 17:57:43 I let my property through a letting Agency in East London called Property Link UK based in East Ham and Stratford East London. They didn't verify the tenants ID. The tenant a Lithuanian couple forged employment references and bank statements, which if checked would have showed that they were fabricated. The agreement was to fully manage my property.

Secondly they failed to regaister the tenants deposit with a scheme.

Thirdly, the tenant defaulted paying rent after the second month of the tenancy but the agency failed to take any action.

Fourtly, the agency failed to issue legal demands to the tenant and failed to issue the section 8 notice and issue legal proceedings.

The tenants have damaged the property and have sublet the rooms and also believed to be claiming housing benefits.

Finally, I as Landlord had to take matters into my own hand as the agency would not answer my calls and the tenant refuses to move out satting she has no where to go and she does not speak any English. She says she is a poor lady from Lithuania and that she came to UK for a better life.

I wish to sue the agency for negligence and breach of contract.

Any advice or recommendations please??

Many Thanks 24

Jeremy2012-01-11 20:11:54 Hello Annon,

How much of your awful agent experience do you have in a format which can't be argued over (letter - e-mail). The more, the better for you.

Is your agent in the The Property Ombudsman scheme? You would be best starting there instead of sueing because Courts will want to see evidence of attempted settlement outside of the Court before hearing your case. 25

Arvin2012-01-13 10:08:13 Hi Annon,

if you say that the tenant is claiming benefit and have not paid you rent for more than 2 months, then you can simply get a statement of account from the agent showing the arrears. I was in the same situation and made some research, as the bloody useless agents wouldn't not give you the right advice. So I found out that if I can prove to the council that someone claiming benefit did not pay me for at least 2 months rent, the council will start to pay me the rent directly in my account. I did that and been having the rent paid to my account directly. The only issue is that it might not be the full amount that you expect to get as rent as council pays part of the rent and the rest is added by the tenant. It all depends on how much claim the tenant asked for from council. In my case I was paid around £50 less, which is not bad compared to nothing.
Concerning Deposit scheme, it's best to report to the Property Ombudsman (as said by Jeremy, check if they are registered with them). Its better you send emails your agent as you have written proofs to present to TPO. They will ask you for all correspondences.
Concerning damages and sublets, I dont think you can do anything about it now. It's sad as I went through the same situation, work hard and pay mortgages for finally to see some asshole turning my house into a hotel or a store room! 26

Arvin2012-01-13 11:40:17 GUYS, IF WE ARE SO MANY HAVING TO DEAL WITH AGENTS TAKING US FOR GRANTED AND TREATING US LIKE FOOLS, WHY NOT MAKE A GROUP, LIKE FB OR INDEPENDENT GROUP, AND PROTEST AGAINST THESE AGENTS! HONESTLY I BELIEVE IT'S THE LIMIT! WHEN IT COMES TO TAKE OUR MONEY AND PRETEND THEY ARE THE BEST THEN ALL IS FINE, BUT WHEN ISSUES COMES UP THEN WE ARE TREATED LIKE SHITS!

WHAT DO YOU PEOPLE THINK?! 27

Jeremy2012-01-13 22:54:42 Hi Arvin,

You are right about the two months in arrears rule. But if the tenant is sub-letting as soon as the council do a case review they'll realise the LHA claimant has broke the rules and will stop LHA payments. Poor only Annon gains nothing than saving the GB taxpayer a few quid.

I like your idea of some collective action. But your model looks to involve a lot of effort from quite a disperate group of people. Will it really get off the ground? One thing I notice is that most eople who have a problem with their agent nearly wlways refer to the agent annomously, i.e. "my agent". What is people were more explicit: like "Agent X of town Y has riped me off because of Z reasons."

@ landlord: Would "naming and shaming" work? Or would your life become a living hell, becoming bombarded by loads of upset agents, like the aftermath of your recent "R&P" post? 28

Annonymous2012-02-06 12:40:30 Hi,

We've had a problem at our property since November. Reported to agent back then, still not sorted. Resulted in us switching bedrooms due to water damage/damp, having to keep electric upstairs switched off due to leak from electric fan, on 4th fan now (water problem not addressed), one fan popped right above my head, now had neighbour report that their front room has water marks on the wall from our side of the house.

I am worried about what would happen if we did complain? They would know. How could this effect us?

We just want it sorted - I am fed up with constantly having to contact them and am finding it really stressful. 29

Jeremy2012-02-07 01:22:49 Hello Annonymous,

Section 11, Landlord and Tenant Act 1985 obligates the landlord to keep the property in habitable condition. Having no electricity and mould / mould problems is not habitable. Section 17 sets out the legal remedy for non-compliance. Google it.

You have the right to take the landlord to court to obligate him to bring the place up to standard. If you were to go to court he'd have to pay your costs and court costs, too if it was a clear cut case.

It is more usual to avoid creating these admin costs for the landlord by writing to them or their agent to say you will conduct repairs and deduct the costs from future rent payments if the landlord does not act. Give them a fair deadline and remind them you know your rights.

Get several quotes for the work and go for the most competant appearing tradesman who charges the fiarest price, in your opinion.

Hope this helps. 30

Arvin2012-02-07 09:53:06 Hi Geremy / Annonymous,

I believe you must try to get in touch with the Landlord first rather than just going to court. With the bloody estate agents nowadays, you are not sure if they are passing on the message to them or not. IF they are already having an issus with the Landlord, and they are not passing on the message, maybe the landlord is most happy to help.
Find out if your esatea agent is registered with The Property Ombudsman (TPO) as the TPO code of conduct states that the estate agent should give the contact details of the landlord upon request. IF they dont, threaten to report them to the TPO for not following their code of conduct.
Cheers, 31

Jeremy2012-02-07 20:52:45 @ Landlord

Idea for your next blog: Section 11, Landlord and Tenant Act 1985: It's practical application.

I've written nearly the same advice in three or four differnt blogs this week and each time I've got a bit more bored providing the same advice and this time I've summarised a bit too much and thankfully Arvin's picked up and filled in the bits I missed off.

If you could do a blog on thsi subject, I could direct people to that particular blog.

@ Avrin: You are right. The Small Claims Procedure of the High Court (there is no Small Claims Court) is very reluctant to hear cases unless that industry's recognised mediation process has been followed. My reason for mentioning what a court's decision would most likely be was to inform Annonymous of his legal position. This creaes his bargaining position.

Now seeing how he mentioned this in November and nothing at all has happened, coupled with the seriousness - safety and significant inconvenience - he's now within his common law rights to put in a complaint to the agent stating the problem; its impact; highlighting their inaction; saying what he will do at their expense; giving reasonable time for them to take control of the situation and act instead. 32