What to Do if Your Letting Agency Lets You Down

Author: Sarah Clark

The whole point of taking on a letting agent to manage the rental of your property is that you expect them to take the hassle out of being a full-time landlord. You might be in a full time job and not have the time to deal with all the ins and outs of an everyday tenancy, or finding a new tenant when the current one moves on.

But there can be problems when the letting agency doesn’t do their job properly. Many things can go wrong – for example you might reasonably expect that a letting agent will have the right information and expertise to know who is a good risk, and to carry out all of the correct checks on a prospective tenant.

You wouldn’t expect you to forget to complete paperwork (for example, if you had asked for a guarantor for a self-employed tenant or a young tenant)

The Law as it Applies to Letting Agencies

Legally, the letting agent is bound by the same laws as any business who agrees to undertake a job for you – they must carry out any work for you with reasonable skill and care. If they don’t, you are entitled to claim reasonable compensation. In the case of not getting a guarantor for a tenant, if that tenant then defaulted on their rent you would be legally entitled to claim any loss of income that was directly caused through the letting agent’s lack of attention to detail. So, effectively you would e entitled to the months of lost rent, plus any associated legal fees for eviction or legal action you’ve had to take.

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Letting Agents and Trade Associations

If you’ve chosen wisely, your letting agent will hopefully be part of a trade association for landlords and letting agents, so hopefully you can use their services to try and resolve any situations that might occur before court action needs to be threatened.

If there’s been more than just a lapse in paperwork, or a letting agent has breached an industry code of conduct, you may be able to take action against them through grievance procedures set out by their trade association. In cases that involve misuse of a deposit, you can contact the relevant tenancy deposit scheme and ask them to get involved. It’s actually illegal, for example, to use a tenant’s initial deposit to cover rent arrears, and they are legally bound to protect any deposit. Any reputable letting agent will be able to tell you who their deposits are held by.

It’s also worth contacting the Estate Agents Ombudsman Scheme if the letting agent is a member of the scheme, and getting advice from them about how to proceed. If the letting agent is a member of the ombudsman scheme, again they will have signed up to a code of conduct.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What to Do When the Relationship Breaks Down

If the letting agent has been negligent in such a way that they are in breach of their contract, you are legally entitled to cancel the contract with them, and should not incur any charges for doing so. This doesn’t affect your right to pursue them through the courts if necessary for any damages (financially) that were incurred through their breach of contract.

Unfair Renewal Fees – a Court Decision

The National Landlords Association has recently been in the press supporting a decision that branded extra fees from letting agents as unfair. The Office of Fair Trading pursued the case which involved the practice of charging landlords a renewal fee if a tenant renewed their tenancy automatically – even if the agent had been underperforming and was technically in breach of their contract. In effect this was charging the landlord when the letting agent had done nothing.

The judgement that the OFT obtained in early 2010 made it clear that landlords “should not be presented with a surprise bill for services they have not consciously agreed to.”

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Landlord Obligations Checker lets you tell us about your rental property and find out which UK landlord obligations you must meet right now. Try it now →

130 questions

Ask The Property Landlord a Question

Raj 14/03/2021 at 12:11 am

Hi,
I am terminating my lettings agent since they failed to repairment but they invoiced me one month letting fee with vat nearly 900£ is it legal?

Sarah 12/02/2021 at 10:23 am

Please could someone call me with some advise I have very ill health and have rang emailed and messagrd letting agent tuesday and everyday since, I have urgent issues at my property and have no other way to contact them I don know what else to do

Madness 25/01/2021 at 8:18 pm

I feel that my agent are not doing there job my tenant pays me directly and I have to ring the agent to pay fees this is due to the banks and agents not being open for tenant to pay to them. I have asked agent about cancelling the agreement with them as they have not managed my property in the last year due to covid 19 they say I have to give 3months notice and pay them 2 months rent is thus right. They have done nothing at all.

Aleks 24/12/2020 at 2:40 am

Letting agent don't return deposit over one month and not answering the reason. TDS claim already made. Can I claim any compensation?

Ray 13/11/2020 at 9:35 pm

I set up a tenancy agreement on a rental flat via an estate agent. The landlord decided that they did not wish to rent the property to me and therefore my holding fee was returned. I had not realised that I had set up a monthly direct debit for the property and had not cancelled this. Therefore 2 weeks later I paid the letting agent a months rent. I contacted the agent to request my funds return. They have informed me that they had already made payment to the landlord who refused to give me a tenancy. They said they would request the return of funds from the landlord in order to return the funds to me.

3 weeks later they are telling me they are still waiting for the £950 to be returned by the landlord. I have asked for the landlords details so that I can contact them directly. The agent say they can not provide this due to data protection.

I asked why the landlord was given the payment as they should have identified that this tenancy was declined. They say they rented the place to someone else and the landlord has been sent both my funds (by mistake) and the new tenants payment.

I dont understand if they are working with the landlord to rent the property and they made the mistake in paying my funds to the landlord why they will not return my funds as they are still managing the property and it's current tenant.

This situation has made me homeless as I did not have the funds to pay the deposit on a tenancy that I did have agreed.

Is there anything I can do to get my £950 from the estate agent? Please help?

DP 09/11/2020 at 7:47 pm

We recently found out that our tenant has been sectioned under the mental Heath act and has been in prison for attempted arson.

The letting agent denies any responsibility for recommending the tenant, stating that these things are not checked when referencing.

We issued a section 21 and then 3 weeks later there was a fire in the kitchen rendering the flat uninhabitable until repaired. Insurance will not cover the damage as they were not notified that a S21 had been served.

Is the agent liable? Should we contact the ombudsman?

Any advice would be greatly appreciated.

Dp

MARK 26/10/2020 at 1:43 pm

Hi. My letting agent, without informing me, told my tenant that they could give a month's notice half way through a 12 month fixed term Company Let Agreement. The tenant is a commercial entity that sub-lets serviced furnished apartments. The fixed term was at the tenant's insistence. The tenant is actively trading and marketing their services. Hence I was simply informed by my agent that the tenant had given a month's notice to quit, with 6 months left of the lease to run. The lease does not allow for this and has no exit clauses. Where do I stand? The tenant can claim the agent agreed to the early exit, and therefore they are not liable for lost income for the remainder of the term of the lease. Is the letting agent liable given I was not consulted and given the lease (drawn up by the letting agent) makes n provision for early termination?

melo 15/10/2020 at 8:54 pm

ask my agent to ring my brother To ring him when they do inspections they don't.
Tenants have left and the tenant have not cleaned the bungalow garden or inside.
I want the tenant to pay for this and the agent said I will ask them??? if they will pay for the cleaning we've have had to have done they have been in 14 months. ??

sam 13/09/2020 at 6:38 pm

Letting agents didn't do proper checks on my tenants. The tenants paid only first month rent with deposit in the beginning later they were just dragging. The case is in court against the tenants but they left the property by subletting illegally without any rent. Property is completely destroyed by children and pets,which wasn't In the agreement. Now I'm told it's the tenant I should pursue and not them for the damage. Please can someone guide me on this? I definitely want to take the agency to the court as they were failed to complete background checks on tenants.

Col. 04/09/2020 at 1:39 am

I own a house that is rented out through a letting agent, but the agent said they can't give me a copy of the tenancy agreement because of the data protection act. I've been renting out for years and always had a copy, but they say things have changed, is this true. Surely as the landlord I have the right to see the agreement.

osnkosi 25/08/2020 at 3:01 pm

Help or advice.
My mom has rented for 10 years, the relationship started with an estate agent she paid first months rent and a deposit, and has paid rent in advance since.
7 years in relations between the letting agent and the landlord broke down and they parted ways.
It was agreed by the landlord and my mom the arrangement would remain the same.
I bought the house on 20 Dec 2020 paying last rentals on the 29/11/2020 to cover Dec.
6 months later the landlord has tried to claim the deposit my mom is owed to cover the rent for December.
Because he state we were paying at the end of each month, and the estate agent should have returned first month rentals to my mom which they never did.
The letting agent no longer exists. Who was responsible for the first month rent when ties where cut with the letting agent, the landlord or my mom? The landlord cut ties and sorted putting the deposit in a secure hold, nothing was discuss about the first months rent at the time.

Selina 18/08/2020 at 2:53 pm

I would like to know what was the advice regarding the leak in the house that the tenants had reported and the landlord themselves have been over and notified the letting agent to sort it out with highest urgency incase of having to foot a bigger bill if it continues to be neglected.
Come 5 weeks later, the estate agent have not done anything about it and now the floorboards have completely gone. Should the letting agency pay part of the repair bill or reduce the management fee?

Sam b 24/07/2020 at 11:00 pm

Been with letting agent 4 years. Managed by them. Gold package- guaranteed rent and they maintain the property. Had 25k Bill as there seems to be a leak not reported for years that has ruined numerous walls, flooring, decoration and so much more. They’re saying I’m at fault but we knew nothing and have not been allowed to access property as managed. What do I do!!!

Rigsby 08/07/2020 at 10:10 am

Letting agents didn't do proper checks on my tenant, boyfriend not in hospital but in prison. House completely destroyed by her children and pets,which wasn't In the agreement. Now I'm told it's the tenant I should pursue and not them for the damage.

Mr B 11/06/2020 at 10:13 am

What can you do if your my letting agent didn't take a deposit and never informed me? My tenant seemed to have abandoned owning me 3 months rent.

Pat 08/06/2020 at 9:49 am

Just found out my letting agent has not inspected my property for over two yrs. This is part of the service I pay for. What can I do?

B 03/06/2020 at 9:28 am

I have had full management by the letting agent , who has charged me for work ,and
Estimate for more work needed, it was over £1,500 so I have taken the full management of so we do our own repairs, and checks ,
After going the the house I found a water leak and damp problem was reported over 6 months ago , the maintenance was not done and the house has lots of water damage now because of the incompetence of the letting agent and property maintenance, they are asking me to pay there bills ,
Can I clamp against the letting agent for not keeping my house in a good state of repair
Please advise many thanks Bob

Boycie 27/05/2020 at 2:52 pm

My letting agent wrongly advertised a garage as part of a let property. Having waited two months to get in, the Tenants discovered the garage was not part of the let on move in day and our now not going ahead. Am I entitled to a month's rent and council tax from the letting agent whilst they find a new Tenant?

Saxon 19/05/2020 at 1:37 am

I’ve been with letting agent 7 months , bk and fourth possible new tenants then not because of referencing problems, trying to get us to accept them with no garentor and no rent guarantee. Happend 3 times now. They find ppl that I’ve stated on their list that I don’t want and still ring me up and ask. Sick of them now . With house never had a tenant in . Can I just end with them and find another agent. Or will their be a charge to leave. ???

Colin Wall 31/03/2020 at 3:32 pm

I was a guarantor for my son and his girlfriend, they never paid any rent from the time they moved in (April 2018) to the time they were evicted (December 2018) the letting agent never told me that they had not paid and now I have a bill for £6,000 should the letting agent have told me once they didn't receive a payment for rent. Any help would be appriciated.

Lee 20/03/2020 at 8:18 pm

A letting agent which I have used before, found new tenants who are on Universal credit. I was told when they moved in that it would take 6-8 weeks for it to come through. I agreed to wait til then. However, it has not materialised and their contact number which was given by the estate agent did not work. Spoke to them who also tried but was not successful either. They went over to the property but was not able to see the tenants. In the meantime I have emailed the estate agent to request all the paperwork including their IDs, references and gas certificates as I need to keep legally. Despite my many email requests they failed to respond. So currently I have no information about and can not request the council for the rent to be transferred directly to me. What are my rights and can I claim compensation? If so how can I go about claiming this. I don’t think they are a member of the ombusman.

Micky 18/02/2020 at 11:13 am

Had a big disagreement with my estate agent in which she had taken money from me unlawfully , we had also told the landlord that repairs had not been done since I had moved in and he stated it had nothing to do with him as he paid the estate agent , in the end as we were gathering all information for my case we were told that the landlord had taken back his flat from estate agent , and we had to move out . Nothing was said about the money I was owed but was told that it was I that owed him the money “a months rent” we were then hounded for two week before we moved asking if we can move out earlier this was impossible as it was Christmas . We have just got the last bits to go as I lost the top of my finger in the move . I just need to know who is now responsible for my owed money the landlord or the estate agent . Thank you

SJ Lancs 08/01/2020 at 10:06 am

I am one of a group of landlords (well over 20) that have all had their tenants deposits stolen by a letting agent. The DPS has confirmed doctoring of their official email where she tried to cover the fraud on one of my tenants deposits and also trading standards now investigating. Her company has at least 12 CCJs now and is sure to have many more pending. Does anyone have experience of this and at which point did it transition from a civil to criminal case ?

Tk 09/11/2019 at 2:50 pm

I currently have a property rented out through an agent. They introduced the tenant and collected fees. The anniversary of the tenants is coming up the agent had already called the tenant to speak about renewal without my consent. Then sent me an email to say that the tenant is happy to renew with the same rent. However the agent wants to increase there fee. What I do not understand is that the agent does not collect the rent it is paid directly to me. If there is a problem at the property with tenant calls me directly as it is not fully managed by the agents. I am not happy with the agents increase or fees and now now they have not replied to my emails or or called me back for 2 days where do I stand to get rid of the agents but to keep the tenants?

Drow 22/10/2019 at 7:43 am

Our property agency had they keys returned to them by previous tenants, whilst property was empty they arranged the inventory checks. We visited the property in the evening for our own final checks to see not only lights left on but front door was not locked, we walked straight in. On suggestion, if not them then the locks need changing they tried to charge us, I have written to director but what further action can I take?

Rodders 16/10/2019 at 6:36 pm

I did not receive rent payments for the first 14 weeks from the tenants. From the new tenants I have not received monies from the last 16 weeks
I have not been informed of any issues by the letting agent until today
The letting agent over the 17 month period have been very evasive and very unhelpful
I have been paid a paltry 124 pound in 17 months
Can you give me any advise
Regards
Mark

Mr Sahoo 03/10/2019 at 2:35 pm

I have a property and an agent managing it. I am experiencing delay in rent collection and credited to my account already 3 times. I am very unhappy with their service and would like to remove them. I have written formal mail, not having their response on this. They are now holding tenants deposit and my previous month's rent. What should I do.

Any advise and suggestion is much appreciated.

Nathan Hill 25/09/2019 at 8:00 am

We agreed to rent a property on 28 september the lettings company phoned us Monday afternoon to say tenant was stopping this property is available from 29 September so were do i stand

Joned1 03/09/2019 at 6:50 pm

Hello
We used a letting company to fully manage our property. The tenants moved out today and there is damage to the property, above wear and tear, which the deposit won’t cover.
Can we put an action against the letting company for failing to fully manage the property despite taking a monthly fee?

Scott 18/08/2019 at 2:40 pm

We are selling our property with a sitting tennant whi has never been a problem. He decided to move out and the agents failed to tell us. We were expecting the months rent to go in, when it didnt see spoke to the agent who told us the flat was now empty leaving us £500 short and months to cover until its sold. Are they liable for the lost income?

Sarah07 02/08/2019 at 9:58 am

We have a house rented out and was managed by a letting agent at the time the tenancy was due to be renewed, they have failed to obtain a new tenancy agreement so the tenant is there without an agreement. Where do we stand and where do we stand with the letting agent who managed it at the time of renewal, is this malpractice?

Don't have one 26/07/2019 at 7:09 am

My letting agent has moved and not informed me I rent out two properties with her
She has the keys to my properties what do I do

Don't have one 26/07/2019 at 7:06 am

My letting agent who handles my rentals has moved from her business address and I have no idea how to contact her she has keys to my properties,she doesn't answer my e mails

Eyes 23/07/2019 at 8:00 pm

We recently evicted tennants through the courts. They had 5 Newfoundland dogs in our 3 bedroom semi detached house. They destroyed our house & left it in a disgusting state. We are in dispute with the letting agents as they deny any wrong doing. Inspections were never done there excuse being we gave them 24 hours notice but they wouldn't let us in. Why can they not enter a property they have keys. What is the point of having an agent if they have no more authority than we would? These tennants have done this to numerous other property's why haven't they got a CJ? These questions havn't been answered.

evill 16/07/2019 at 3:49 pm

I've rented a house just move in, the problem is this apartment here, the dog is been there before that I didn’t know about it ,my woman is expecting a baby for next 4 weeks she is allergy, I contact with agency few times keep lieing to me saying carpets been clean and all that hair of dog is everywhere ,here is a lot of problem but the most important to me is my woman is allergy I expected landlord last Saturday didn’t turn up. Paying 1400£ to move in. I rly hate this house only living here 1 month

Amyrossy 16/07/2019 at 2:45 pm

An agent used my husband documents without our permission to rent 5 different properties Through an agency . He went as far as subletting the properties to different individuals without our knowledge or permission . Unfortunately for him he defaulted in council tax payments in two of the properties and the council tried tracking him down via the electoral role . Upon investigations the council sent us letters and enforcement judgements in my husband’s name which we know nothing about . Also we discovered there are on going tenancy Agreements on going till 2020. Please can you advice me on what to do as it is now a matter of breach of DPA and identity theft, we have updated action fraud but nothing much is coming out of this so far .

Feelings 25/06/2019 at 9:12 pm

I rented my property through an estate agent and upon giving notice to the tenants he returned the deposit that they paid and now they are delaying leaving the property and haven't paid 2 months rent £3350. Can the letting agent return deposit before they leave the property and inspection.
Please advise, Feelings

Willioks 25/06/2019 at 9:40 am

Hello there. We need help about our situation. Me and my other 3 friends decide to live together and rent a house from the agency. We signed all documents, we sent everything they asked us. So the date was confirmed couple weeks before moving and what happened that our agent told us 4 DAYS BEFORE MOVING that we can’t move, that there’s someone else living and he can’t find other place to live, we paid in total £1650 with deposits and fees together. Now they’re not answering us, not picking up calls, agency was empty yesterday. We don’t have where to live because of them and we have new jobs that we supposed to start but we can’t. What should we do now?

andwen 14/06/2019 at 3:19 pm

Hi, my tenants have fallen into arrears £4.500 and were recommended by my rental agent and the property has been badly damaged it hasn't had any inspections The tenant for the past 5 months has not paid rent and we have tried to contact her in various ways because she is very illusive and therefore trying to contact her has been unsuccessful. . I have evidence the rental agents have not carried out inspections with previous tenants either. I HAVE CONTACTED A SOLICTIOR FOR A SECTION 8 but it is going to cost is £500.00 initially and then a further £1500-£2000. to pursue it to eviction through the courts. I am really concerned as to what to do next! Can I pursue a case for missed rent and compensation for damages for neglect from the agent? Many thanks, ANDWEN

booboo 11/05/2019 at 9:24 am

Hi,
I have a property and an agent managing it.
I am very unhappy with their service and tried to remove them, but they are now holding tenants deposit.
What should I do.
When I signed up with them we never new they have no after-hours emergency line. They changed keys to the property without approval and charged me for the joy!
I asked them to post the new keys to me they said that they won't send it abroad (I live abroad).
They left the tenant with 5 days with a leak because they couldn't get a plumber!!
Water was pouring into neighbouring flat!
Now they want me to pay wait 3 months before leaving them and wouldn't release the deposit.
What should I do???

Mark 04/05/2019 at 9:56 am

Hello,

I’m a landlord and my property is managed by a letting agency. My tenant stopped paying 6 months ago. I’m now in the process of going to court to evicted them. My solicitor has explained that the guarantor agreement that my letting agency wrote up is invalid. This means I can’t pursue the guarantor for rent arrears.

My understanding is that the letting agency have failed in their obligation to me. Therefore they should be held liable for covering my loss of earnings and court fees.

Please could you advise who I should speak to to get advice on pursuing the LA for damages.

Many thanks,

Mark

Sonali 29/04/2019 at 4:51 pm

Hi, I rent a property though Harrison and have been renting with them for 1 year 4 months. Last month i sent an email to my letting Agent that due to some reason i am moving out APR end, they gave me two option 1. to find out a new replacement tenant or pay some money. i have found replacement tenant and informed them the same. on 29 APR they sent me an email that a new tenant couldn't pass reference check so you need to pay a rent for May Month. When i called them to check why didn't they informed me earlier they said its your responsibility to check whether a new tenant passed their all formalities

Mohamed 19/04/2019 at 9:01 pm

My estate agent arranged an inventory list to be signed "it was signed"by the tenant at the beginning of the tenancy agreement, but failed to get the same signed when the tenant left without giving the proper notice nor did the tenant honour the guaranteed first six months rental period. Not only that, but the tenant has stolen all contents, fixtures and fittings of the house without signing the exit inventory list.
The agent knew on 19th of April that the tenant was leaving at the end of April "ie eleven days before". What can I do to be compensated

shaz 04/04/2019 at 6:19 pm

I'm a guanentor for my daughter and boyfriend who spilt up last yr , my daughter had moved out and found her own place , I rang the estate agency to remove myself and my daughter from the agreement , only to find out that this hasn't happened and because a guanentore wasn't found they kept me on the property with out notifing me , now he has moved out

Shaz 03/04/2019 at 3:48 pm

I have put a months rent in advance an administration fee and a good faith deposite to global esatate agents on the understanding I was going to rent a property.i have now been informed that the property is no longer available.im I entitled to my full money back.many thanks

Mar 26/03/2019 at 7:11 am

Hi
My estate agent failed to register the deposit within the first 30 days. The tenants moved out as a Year has passed and we wanted to recover money for that damage they made. The tenants themselves contacted us informing that the estate agents had not protected the deposit and that they are within their legal rights to take us to court. We instructed the agent to return the deposit ASAP. My question is: “ Can I take the agency to court for their negligence ?” We had to redecorate our property and no compensation will be obtained form the tenants. I only hope the tenants do not take us to court. Thank you

Simmy 25/03/2019 at 10:15 am

Can the letting agent put my rent up without the landlords permission.

I've spoken to my landlord who Has Not giving permission.

TCGB 06/02/2019 at 5:54 pm

Our tenant moved out before the end of his tenancy agreement and didn’t pay the past 2 months rent. Is it the agents responsibility to issue court proceedings against him or do we have to? We haven’t got a forwarding address for him

Heather 26/11/2018 at 1:43 pm

Gary, my agent, Marcus Fowler, Ansdell has done the same to me. Held onto 2 months rent and closed down. Ket bthe deposit. Other negligence.

How did you get on?

Heather

Gary 13/08/2018 at 1:21 pm

My agent, of Fulham High st. seem to have closed business while I was on holiday and now I am owed a month's rent. Emails were being answered till 1st aug but are now returned as address 'unknown'.What are my options, for unpaid rent, deposit, etc?I have contacted the tenant directly to inform them of this. Awaiting response.Any advice?

Ingy 08/07/2018 at 12:15 pm

My letting agents have nullified my insurance, by not even conforming to thier own tenancy agreement, they let the tenants enter the house before payment of the first months rent, the tenants then only paid 2 weeks rent, and the next payment was a month later, and now haven’t paid for 6 months, so my insurer has said the tenancy agreement wasn’t followed so they have rejected our claim, should the letting agent take the blame for this and pay all costs incurred that my insurance would have covered?

JUo Editor 29/06/2018 at 3:01 pm

@AA2 I suppose it depends upon whether the tenants have told the agency?

Tommo 04/06/2018 at 7:13 am

Hi, my tenants have fallen into arrears and were recommended by my rental agent. I have a strong suspicion the relevant references would not have been sort. The tenant for the past 6 months has been late or missed a month and the agent is slow only responding to my emails after excessive pestering. Further, I have evidence they have not carried out inspections with previous tenants.Further, is the online possession form the simplest way to remove tenants for non payment of rent which is now two months in arrears. Can I pursue a case for missed rent from the agent? Andd how easy is it to switch rental agents?

Many thanks, Tomo

ThePropertyLandlord Editor 15/05/2018 at 12:07 pm

Unless the information is correct then the court will always side with the tenant. Therefore, you may have a claim against the estate agent if the information provided was incorrect. In this case, you should go directly to the estate agent and ask for the complaint's procedure in a bid to claim back the fees and any costs incurred etc. If the estate agent does not conform, then you would have to take the matter to the small claims court/court. If you still wish to remove your tenant, the section 21 can be re-issued with the correct information.

Sunny 14/05/2018 at 3:35 pm

Hi,

My tenants were served a section 21 notice but they refused to leave as the paperwork was not correct. The DPS was produced by the estate agent but he only had the name of the lead tenant on the paperwork, the second tenant was not mentioned so the tenants can stay on and I've had to pay for their legal fees as I lost the case. How would you move forward with this? Can I sue the estate agent?

H 03/05/2018 at 8:43 pm

The letting agency I have used for the passed 6 months has failed to inform me that my tenants were moving out. I asked for information about the tenants on two occasions, one the phone and in an email, I did not get a response. The first I new about it was that I had a phone call to say that they had inspected the property and it had passed the inspection. The tenants moved out on 19th April but I did not know the date of this until 24th April. I have asked for evidence that they have told me, but they have not responded.
I have since been in communication with them and at first they offered a form of compensation but because I chose to complain about the service overall, they have retracted that offer.
I would like to know if I have any rights to take them to court.
Please advise

ThePropertyLandlord Editor 10/04/2018 at 9:55 am

You can see more whichwhich should tell you all you need to know.

AA 09/04/2018 at 7:31 am

We have just found out that our lettings agent has not informed us of the full problems on our house, leaking shower for 2 years and now the the damage is serious. Mould, soft walls on staircase, water damage to ceilings, tiles off around shower etc. We have always asked him to get the work done promptly and correctly but he is using bad workmen. This could now cost a lot of money to fix when it could have been minimal. Tenant complains of lack of communication. Where do we stand on this?

Kaka 24/02/2018 at 5:47 pm

Please Help , I am in a dire situation and need advice. A Lack of ALL thorough checks by Lettings Agent on full management , the Tennant had used the property for cannabis farm.The power was cut by police request and charges are escalating.. Reconnection charges
Loss of rent, malicious damage etc and the cost of having to put my property right.
I hold the Agent liable for COMPANSATION
And the Police for knowing the activity taking place but did not arrest any one nor forensics any evidence was taken .The power was cut 2 weeks prior to the agent going in with the Police.
On what grounds can I CLAIM against the letting agent and the police.please reply ASAP.
Kaka

ValJBH Editor 06/02/2018 at 10:44 am

@Mario - Where there are any gas appliances in the property provided by the landlord, the landlord must ensure that annual gas safety checks are carried out. All private landlords have to have a valid gas safety certificate for all the gas equipment in the accommodation they rent out. Gas safety certificates can only be given by registered gas engineers and are valid for 12 months. In order to give a gas safety certificate the engineer has to check: the gas supply, gas appliances, gas flues and ventilation. You don't say whether this has been done or not?

Sam 29/01/2018 at 4:05 pm

Hi, I rent a property though L&Q and have been renting with them for 6 months.
In the 6 months it took over 3 months for them to move furniture which was blocking our main window in our living area, and a table which was left towards our front door so thr door only partially opened. It took over a month to fix a leak which was causing damp and was a constant dripping sound. They still haven't completely fixed the heating in our flat.

I am now about to move out but because it isn't the end of my term I have to find a replacement which I have done but they wont forward on the relevant paperwork to begin the signing over to the new tenant so they might go elsewhere. The agency also wont provide a reference to my new landlord who I am ready to move into so can't move in and that landlord is about to cancel my application.

What can I do, please help.

Andy 09/01/2018 at 2:16 am

gbotima - which agent is this. We have experienced something similar.

gbotima 05/01/2018 at 3:42 am

I rented my house through an estate agent for over two years and the rent was never paid on time. Since June I have only had a month rent . Please advice what steps to take in getting my rent and handing over my flat.

Lau 15/12/2017 at 1:01 pm

I am a landlord and used a reputable letting agency to fully manage my property.
The letting agency have failed in various areas, including not informing me of pets in property, not picking up major changes during property visits and the check out report is incorrect. The tennants have now left, however the check out report stating everything was fine. The letting agency have now admitted that the check out report is incorrect.
I am now debating whether to go through TDS to get tenants deposit for various damages and changes however now the check out report is wrong that piece of evidence is useless.
Should I pursue the letting agency for the money?

Kaz 20/07/2017 at 1:01 pm

I instructed my agent to serve notice to my tenant and I'm due to take possession on 12 August.
To my horror I have been informed that they haven't actioned this and that legally they would have to serve 2 months notice, which takes it to 24 Sept.
The instruction was sent by email (which they admit they received), but due to email viruses within their business, the email wasn't forwarded to the relevant department.

Where do I stand legally on this matter as I have no where to live and if my tenant wants to stay in the property, he can !

I am so stressed over their incompetence and I want some answers to where I stand legally please, as they're hoping (because I informed my tenant of the pending notice verbally ) that he will leave. However legally he doesn't have to does he ? I could be out on the streets literrally!!!!

Daniele 11/07/2017 at 11:40 am

I’m a landlord who's been with the same letting agent for some years. The current tenancy is about to end, and the agent is holding the deposit. The tenant has refused to pay the last month’s rent, so the deposit has been used to cover it. I did not give permission for this to happen. There is damage to the property, payment for which would normally come out of the tenants’ deposit. Is the letting agent now legally responsible for paying for the damage to the property?

Mary 22/05/2017 at 11:13 pm

I would really appreciate advice on what my rights are....a while ago my letting agent let out my property to a young lady...for a while i was not receiving my rental income and each time i questioned agents they said they would send out letters and follow the neccessary procedures to evict them etc...in the meantime I had not received any rent for 3 months of over £700 per month at the time...i then discovered that the tennents boyfriend had moved in with her some time ago...they fell out, she left and he stayed in the property and was not even on the tennancy agreement!! Still no payment etc etc. I advised the letting agents to change locks etc and they said they needed to follow the correct procedure.....in the meantime I decided to visit the property through deep concern of mine and I was let into the apartment foyer by the man who was living in my apartment...he was on his mobile at the time.....i realised he was the person as i saw him open the letter box for my flat!!! I was so shocked and scared at the same time...he then left straight away oblivious i was staring at him I went to my apartment and knocked on the door...no answer....i touched the door handle and the door opened!!!! He DID NOT LOCK THE DOOR!!! The lights were on!!!! I entered the property and to my horror I found fitted wardrobes STOLEN!! The double bed stolen!! Everything stolen and things which were left were destroyed!!! None of his things were there!! He obviously went to check if he had mail and by chance I was let in!!! I cried and at the same time immediately called the agents and told them exactly what had happened. By this point i was so angry with them..i demanded they change the locks immediately bcos it was just approaching 6pm (closing time for agents) they promised to change locks first thing in morning....they did this...why did they do it then but not when i told them to in the first place months ago!! Cut a long strory short my insurance company did not pay me anything saying "there was no force entry!!!" The agents did not compensate me for anything! Please please what are my rights...im an honest hard working person.this was years ago and the reason I approach now is bcos the agents are trying to cheat me again but i will not allow them again. Many many thanks in advance . Maria

Robbie 04/05/2017 at 3:54 pm

My wife and I are currently living in Australia. We rent our 4 bedroom house through a reputable local agent in London. In August 5 ( previously thete were 4) new tenants moved in.

Unbeknown to us, the 5th tenant changed our property to a HmO. We only found this out when we attempted to borrow money on the house and was rejected by all lenders.

Did the agents have a duty of care to inform us of the regulatory and legal change?

We have attempted to contact them via email without success. They are not replying.

Hank 14/04/2017 at 7:05 pm

I have a flat in London fully managed by an agent. The hot water cylinder needed replacing. The quote from the agent's plumber was very high so I asked them the model required and that I'd try and arrange the fitting myself. The agent sent a link to a cylinder which as a result I bought and had delivered to the flat. My Plumber went next day to fit it but at end of job couldn't close the cupboard door. The cylinder, although the correct specification, performance, flow rate etc, was physically larger that the one being replaced! So, now, the whole thing has got to be scraped and I've wasted £1500 and all because the agent sent me a link to the wrong cylinder. I have all the emails. Can this be classed as neglect? If so, is there anything I can do? Thank you for any help.

Jogger Editor 24/03/2017 at 2:12 pm

@Fatherted - the agents are not responsible for the mess your tenants leave the place in or if they flit without paying. This all goes with the territory of letting a place out (in which you have presumably gained an income on). The terms and conditions of your agent's agreement will describe its duties and what it is and what it is not responsible for. I admit the agencies don't always do a great job - but if every landlord claimed for the tenants leaving the palce in a mess or leaving without paying they'd be very quickly bankrupt. Few tenants care about the property they are living in for a temporary time - it's the nature of the beast. Jaq

Fatherted 24/03/2017 at 8:46 am

I have recently taken back my house after many years of rental. For the last 2-3 years I have put up with a string of shocking tenants who either don't pay on time or even at all and leave the place an absolute state. I am aware that pursuing tennants is a futile expertise and have had shocking decisions from the DPS but surely the agent has some degree of blame by either carrying out sufficient checks AND keeping a close eye on things.

Can I pursue a legal claim against them?

ThePropertyLandlord Editor 14/03/2017 at 12:32 pm

You don't have the right to withhold rent because of your landlord's failure to do repairs. If you withhold rent your landlord may start possession proceedings against you and put you at risk of eviction. Please see CAB which

NB 13/03/2017 at 7:07 pm

Hi, I had rented an apartment past month and there have been major issues in the property since day one. I clearly highlighted all the issues to the landlord as well as to the letting agency. None of them seems?to be serious about solution. I had clearly told letting agency that if they fail to fix the issues I will not be paying rent. To this they sort of alerted me for consequences. I strongly told them I will not pay rent unless services are rendered to me. They ultimately did not render the services and I also didn't pay the rent. Please let me know if I am doing the right thing and what are my chances of claiming the compensation from letting agency?

Thanks
NB

Alb 10/03/2017 at 6:37 pm

We have let our property on a 2 year lease, during this time the letting agents have been taken over twice, the current agents are very poor and have not done an inspection eversince they took over a year ago. The 2 year lease is due to end shortly and I want to know if I can change the agreement to a non fully managed service should my tenants decide to renew for a further lease?

Nina 09/03/2017 at 4:31 pm

My boyfriend owns a city centre apartment which he rents out through a letting agent he gets the rent on a monthly basis (£800) but we have just received a call from the council stating the council tax hasn't been paid so we went to the apartment and have realised that the estate absent has been letting it out as a holiday let for upto £115 per night without our knowledge! We have found a listing on airbnb with our apartment on here with reviews dating back 2 years! What rights do we have in gaining out property back? As the people in the apartment haven't signed any agreements as they are only there 1 weekend

ThePropertyLandlord Editor 13/02/2017 at 11:34 am

In addition to the information in the article, please also see Shelter which

Mike 12/02/2017 at 10:10 am

Hi,

My family have used a letting agent for over 6 months with no issues.

But they have not received the rent now for 3 months. The Tennent's have paid, but the agencies keeps making excuses why they can't pay.

What would be the quickest was of trying to get this back ?

Thank you

Chimp27 06/02/2017 at 10:13 pm

I am a pensioner and due to recently suffering a few health problems, my son and family thought it best that I rent a 1 bed apartment closer to them. However, as I had a Debt Relief Order against my name - which was discharged in July 2015 - (and I admitted this to the agent before looking for a property) I knew that I wouldn't have a good enough credit report, so my son offered to stand as a Guarantor and he passed the credit check no problem, so we proceeded to look for and found a property nearby. Both the estate agent and landlord was happy with the set up and I was offered a lovely apartment within the chosen area. However, a week after I paid the deposit and agreed a moving date, my daughter in law received a phone call from the agent telling her that their credit check on me showed that I was declared bankrupt. Firstly, the information they gave her was completely incorrect, and secondly I was extremely upset that he didn't phone me personally, as surely this is a breech of Privacy and Confidentiality? Any advice would be most welcomed.

ositopadi 06/02/2017 at 5:28 am

Although the tenant pays directly by direct debit to my estate agent every beginning of the month, it fails to pass it on to me, the January rent still in his account and when I ring him he says YES, IT HAS BEEN DONE, ALL SORTED, ITS IN THE ACCOUNT DEPARTMENT but nothing ever gets to my bank. The service has gradually being getting worse, I spoke to the agent and he said that the rent has not being paid when I know it was. Can I contact the tenant directly without breaking any agreement that I had signed?
or shall I pursue otherwise?
Thank you for any advice.

A69 19/01/2017 at 2:13 pm

I am a landlord. My letting agent changed the tenancy agreement between the old tenant moving out and the new one moving in. Within all previous tenancy agreements, the 'Break Clause' section detailed how either the landlord or the tenant could end the tenancy early. However, without highlighting the change, and whilst still retaining the 'Break Clause' section within the tenancy agreement, the letting agent amended the wording such that neither party can end the tenancy prior to the end of the fixed term, unless their has been a breach of some sort.

I now wish to sell the property, but find that I am now unable to do so as a vacant possession prior to the end of the fixed term. Is there any recourse that I can take a) to rectify this and b) to seek compensation from my letting agent?

S1 23/11/2016 at 5:24 pm

I'm a landlord who has recently rented through an agency, this is my 1st time of doing this.
I signed everything, all was going well until on the 21st of the 1st month I hadn't had any money. I called them and legally I have to give 15 working days for the payment to reach me each month. Well this month once again I haven't had any money but it's now 17 working days. What are my rights now?? PLEASE HELP!!

Natnat 03/11/2016 at 6:54 pm

Hi, my property was fully managed by an estate agency, who never did regular checks, chased unpaid rent or informed us about neighbors complaints, once tenant moved out it cost me over 3400 to fix my property. An agency even deducted fees owned by a tenant from tenancy deposit. Can you please let me know , what are my rights , am I entitled to ask for a refund of management fees ? Many thanks

ThePropertyLandlord Editor 20/10/2016 at 11:43 am

Please see Shelter link here which will tell you the steps you can take.

Liz 19/10/2016 at 12:56 pm

We've been let down by our letting agency. I'm a tenant (family of 4) with a short term let whilst we have critical work done on our home. we let a property because it had two garages so we could store goods. It also had a small garden where our children could play whilst in sight.
The property we chose seemed ideal however the garage doors fell off during our move and the landlords answer to this was to bolt them in place rendering them unusable - so not bikes or scooters for the kids all summer.
The patio doors didn't open so several call outs later over a period of around 10 weeks we finally got new patio doors. during this time we had to use a bicycle D lock to secure the doors as they didn't open but they didnt lock either - goodbye summer playing in the garden for the children.
The electrics kept tripping.
All in all the last few months in this property with our family have been pretty bleak. The lettings manager never get's back to us and still hasn't responded to a request to reduce the rent by way of compensation. Do I have any rights at all. I obviously want to draw a line under this experience but at the same time I dont want the next tennants to suffer.
Liz

irona 02/10/2016 at 7:00 pm

An agency rents us a house that was not available.We paid £ 4,500 and they have returned just £ 2,200 after 5 months. The difference is still not returned. How can we recover the money?

L 27/09/2016 at 12:16 pm

Hi,

I engaged with a property agent, they found a tenant for my property. A tenancy agreement was drafted and signatures exchanged.

However, the tenant never moved in as the funds were never received. The tenant sent 'proof' the funds that were in the process of being transferred, but it never reached the agent. I didn't realize this until at least a week after the move-in date that the tenant had not moved in as they didn't communicate the situation (I am a non resident landlord, so I rely on their updates). The agent continued to assure me and insist that the funds are on its way, and tenant would move-in immediately after. This cycle of my following-up and their responding with pleas to wait continued for a month before I appointed another agent to find a new tenant.

I managed to find new tenants to move in to the property 2 months after the initial move in date resulting in 2 months of lost rent. The agent was clearly negligent in selecting the tenant, they recommended a poor tenant to close a deal quickly. When a deposit was not received in the weeks leading to the tenancy date, they did not communicate it, nor did they act to remedy the situation. They were irresponsive when I demanded answers and avoided my calls.

How do I make a claim to force them to accept responsibility for the negligent behavior? I want to be compensated for the lost time.

Vern 20/09/2016 at 10:56 pm

Hi, I recently had tenants with dogs leave the property. My rental agent had the carpet cleaned at my expense and rented the property. The New tenants have been there 2 mounts and now want the carpet replaced due to urine smells. My question is am I responsible for the full amount even though the agency failed to use the last renters deposit to off set the cost?

MJC2000 02/09/2016 at 11:49 am

I am a new landlord and my property is let fully managed through an agent.
During the end of tenancy checkout that carried out by an inventory company arranged by the agent an iron burn to the living room carpet was missed. The tenant was subsequently repaid the deposit less a sum for professional cleaning that had not been carried out.
The agent has apologised for the error and have offered £102 as compensation (this is made up of £45 for the carpet plus £57 which is a 50% refund of the inventory check out cost)
The carpet was less than a year old and cost around £600 new. I believe it could be replaced for around £300 as there would not be a need for any underlay etc.
A new tenant has now moved into the property as seen so there isn’t a need to replace the carpet for the time being.
Would this be deemed to be an acceptable offer?

not happy 27/07/2016 at 6:24 pm

I have been informed that my sub tenant has a dog in my property (which I never agreed to but as its a guaranteed rent scheme the tenant i.e the lettings agency can allow this). This wouldn't be a huge issue in itself but apparently dog mess is being left on the steps outside my property, also the grass is knee high and there are terrible smells coming from inside. Have emailed the branch manager on 14th and 18th July asking when was the last time they inspected the property and also what action was going to be taken if it was necessary. I have have had no response at all. Am seriously worried now about the kind of state the property is
in. Would appreciate some advice as to what I should do next.

Worried landlord 15/07/2016 at 2:39 am

Hi. Please can you offer some advice.
My property is let by a letting agent. We have no interaction with the tenant in the property I don't know the date the tenant moved in and the letting agent holds the deposit.
The agent constantly pays our rent late or not at all.
I don't know what the payment record is like between the agent and tenant but surely if the agent has agreed to pay us on a certain date each month, it's not unreasonable to expect that money.
Can I take my property back? How do I do this please?

Mandy 14/07/2016 at 9:36 pm

My letting agent failed to inform ne that my tenant has a ccj and now my tenant is continuin to nit pay his rent failed to pay his rent. What are my rights? They are not denying that he has a ccj but have said the member of staff gas recently left! Surely they are accountable. I am already owed 1200 arrears. They have been told to move out by 4 Aug. Advice help please as I am struggling because of this. Thanks

Naz 10/07/2016 at 3:58 pm

Hi , I have been a landlord for quite some time ,and the management have been taken over by the letting agency , few months ago , what I don't understand they are not paying my rent , please advice me what can be doneasily

Thank you

RobY56 Editor 17/06/2016 at 10:54 am

@Jo Look at the terms of your agreement with the agency to see if they have been upheld. If the agency informed the client and the client has ignored the agency there is little you can do if they tenants are not looking after the place as instructed (that's not the agency's fault). Even if you had caught the mould in its infancy, it still would have spread if there is not enough ventilation, or they tenants are continuing to do something they shouldn't like dry their clothes on the radiators while keeping the windows closed ( you can't really stop them doing that - you can only advise). People rarely care about rental properties and their upkeep - it's great when you get a tenant that does, but still they don't treat the homes the same as if it was their own.

Jo 16/06/2016 at 8:46 am

I have recently been informed that my tenant has been complaining of damp in the property. Having looked at photos it appears to be some form of penetrating damp caused by condensation. My letting agent went to have a look at the mould and decided that given the right living conditions, it would just go away so they informed my tenants how to look after the house better and how to avoid condensation. The mould must have been growing for months and months now to the point that the mould-resistant paint in the bathroom is literally falling off the walls. Its pretty disgusting! On asking, I was informed the letting agent has not conducted a formal property inspection since Feb 14 so how would they even know if the property is being looked after well by the tenants - something I would expect considering the amount they charge me. I would expect that inspections look for the signs of condensation, damp and mould so that it can be treated and removed in its infancy, not wait until there is a full blown epidemic which will now cost significant money to rectify. On top of this, they chose not to inform me or take appropriate action when they were informed of the mould. Could the letting agents be deemed negligent in their duties and therefore can i push for them to cover the cost of the repairs??

Sushe 06/06/2016 at 8:34 pm

My letting agent didn't ask me to sign a contract and following a personal dispute has terminated her interest in my property, where do I stand legally on this matter?

ThePropertyLandlord Editor 03/06/2016 at 12:15 pm

You would need to read the terms and conditions of the contract with the agency to see what it says about what happens once the tenant leaves and who is responsible for the property's upkeep in the interim period. You don't say whether the check-out report was from the tenant or the agency. If it was the agency who specified the heating had been turned off, then you may have a case. In which case I should take legal advice from a solicitor specialising in representing residential landlords.

Londoner 02/06/2016 at 4:14 pm

Hi there,

Regarding: Damage to the property in between former and new occupant moving in.

The Letting Agency I use has been looking after my house for almost five years. In all that time I have only had one family as occupiers. The family vacated a month ago, and a new tenant (also found by the same agency) was due to take up occupancy this month - i.e., the house was left vacant for one month.

In the Check-Out report, it was stated that the heating had been turned off. But on my visit to the house (just before the new tenant was about to move in - four weeks after the previous tenant had departed), I found that the heating, in fact, had been left on, and the boiler in that time had malfunctioned - leaking / overflowing - causing considerable damage to the walls, ceilings, carpets (including mould and damp damage).

The Agency say it is for me to have the boiler fixed (which I accept) and the costs for the damage are solely my responsibility too (which I don't accept).

I presumed someone from the Agency would visit the property in the time the house was left vacant, to ensure something like this did not happen. Also, I believe that the fact that the Heating was not turned off, as stated, is a cause for negligence on their part?

I really don't know where I stand, but I feel they have shirked all accountability. Any advice? Who should I call? Talk to?

ThePropertyLandlord Editor 27/05/2016 at 11:11 am

A contact is a contract and can still be upheld if is verbal or has been left unsigned especially when money has changed hands. This may be able to be enforced by a court of law and you could end up being the one out of pocket. Therefore, I suggest you tread cautiously here and seek legal advice regarding your position and options.

Miya 26/05/2016 at 1:14 pm

Hi,
I am a new landlord, and a few months ago I went to an agent who has rented my property out.
I did not sign a contract with the agent, but signed an agreement with my tenants.
After just a few months my agent wanted to put up the management fees.
I disputed this, and asked why it had gone up as I thought we had an agreement for the duration.
They responded saying that I was only in contract with my tenant.
After numerous down falls, I now think that the relationship with the agent and myself has broken down.
As I thought I was not in contract, I informed them that I would be asigning another agent.
I was met with a rather unprofessional letter, stating that I "had refused to send the signed contract to them"
And that also, as they had actually been managing my property, that I am legally bound with them, failing that, if I left them that I would be liable to 50% of the remaining term etc.
I have never even seen this contract which I apparently refused to return!
As I'm new to this, I don't know where I stand.
Part of me thinks just to stay with them, the other is that I will not be bullied into scare boy tactics!
Any advice would be appreciated.

Lula 17/05/2016 at 10:03 pm

Hi
We had to rent our previous residential for one year before selling it, we instructed a local independent agency who found tenants, moved them in, no problems with payment, I kept requesting copies of tenancy agreement and our agreement/contract which we never received or signed, ten months later we need to put on market so issue notice 21, after a few weeks we received a letter from the local council as the tenant had gone to them to be housed and opposing eviction, we responded and letting agent pursued via court proceedings on our behalf. It wasn't until the court hearing that I found out the tenants were receiving housing benefits, something the agency withheld from me. The tenant & council said that the initial contract was under a different landlords name. Letting agent say that it was a typo and rectified and tenant signed new copy however tenant said they did not sign the amended version. Second date in court we came to an agreement and agreed they would leave in 42 days. I am hoping this runs smoothly.
Lots of errors and unsure of who's telling the truth, can we go after the letting agent for unless army legal costs/extra 7 months of tenants being in property, loosing two potential buyers and incurring legal fees for the conveyancing, not being told they were receiving housing benefits, never receiving any paperwork other than statements of accounts with their management fees!

ThePropertyLandlord Editor 16/05/2016 at 12:55 pm

In the first instance I would check whether they are with the OEA (Ombudmans of Estate Agents) and if so contact the OEA directly to make an official complaint. Then you would need to seek specialist legal advice to see whether your are eligible to make a claim.

Mark 15/05/2016 at 8:12 pm

I have just found out that the late payments I have received from my letting agents for rent was not down to the tenant paying late as informed by the agency but in fact the agency paying it to me late! It has broken down my relationship with my tenant whom I have served notice on and I have put my house up for sale due to the stress. Is there anything I can do about the agency lying to me and causing late payments which resulted in me covering mortgage payments until the money came through?

veronica 12/05/2016 at 10:56 pm

Hi All

I rented my apartment out to a family. They found the apartment unsuitable after a month moving in and requested if their colleague could take over the tenancy.The estate agent then called me and advised me that the new potential tenants had moved to the UK less than 3 months ago (French nationals) and therefore did not have 3 months worth of bank statements. However they would pay 2 months rent upfront on top of the deposit. I agreed as this seemed like a good compromise and I did not want unhappy tenants in the apartment. Later on in the day I received a "liability release form" stating that the potential new tenants had failed the credit check due to not having 3 months worth of bank statements and that they had been claiming job seekers benefits (not communicated to me prior to this) therefore the estate agents were unable to recommend the new tenants. I went back to them and said I would not sign the liability release but would only take on tenants that were recommended to me by the estate agents. The existing tenants then stopped paying rent and moved out after the second month into a new property. They requested that I terminate the contract, however I maintained that moving out before the 6 month break clause would be a clear breach of contract on the side of the tenants. The estate agent I was dealing with was extremely eager to get the existing tenants out and the "non-recommended tenants" in. I have asked if the agent moved my tenants into a new property that they managed - they have neither confirmed nor denied this.

The estate agents are asking me to pay a whole years worth of commission. The contract states that I can claim this back from the tenants (which will obviously never happen). As I have only received one months worth of rent from tenants that they have sourced I find it ludicrous that I should pay this amount. Earlier on in the week I got a bill for the remaining 11 months worth of commission. I went back to them saying they should be chasing the tenant for rent, not charging me for commission (the tenancy agreement is yet to be voided as I have not gotten new tenants into the property).

Has anyone had similar issues with estate agents? I have made a complaint to the head office and would like to escalate this to an ombudsman as, if they are getting commission from one tenant twice, this would certainly be a breach of industry standards!

Any similar experiences/.professional help shared would be a massive help. Thanks!

ThePropertyLandlord Editor 10/05/2016 at 10:36 am

Please see more via the Which site: My tenant has damaged my property, what can I do? here and How to complain about your letting agent here which should answer your question.

MarkT 09/05/2016 at 12:45 pm

I have rented out my property via a letting agent for 5 months now. The letting agent has allowed the tenant to cause considerable damage to my property which was completely refurbished before the tenant moved in and all documents supplied e.g. full electrical certificate. The agent granted permission for the tenant to install a satellite dish without informing me, which has damaged a wall; the tenant then caused a flood (which he blamed on a bathroom leak) which has damaged another wall and which the agent told me, when I noticed severe staining that the tenant would paint over! I have formally written to the agent that all these matters must be put right (and not by the tenant) - and that the tenant should not be permitted to do any repairs. I would give up the agent for breach of contract except the damage caused now runs into the hundreds if not thousands of pound. I intend to take the agent to court if he does not put right the damage. However, I am trying to find if I have any further rights or there is anything else I should do? Thank you.

ThePropertyLandlord Editor 25/04/2016 at 9:57 am

I think in the first instance you should issue a letter of complaint directly to the agency (whilst also keeping a copy for yourself) . If the agency continues to ignore your request, then this could be considered as harassment, please see Shelter whichI hope this helps.

Ra 24/04/2016 at 12:32 am

Hi,
The letting agents dont let us know 24 hours before coming into property or dont announce us at all! Today they gave the keys to another letting agency so they can enter into the house for a viewing. What legal actions could it be taken against them?

ThePropertyLandlord Editor 07/04/2016 at 12:51 pm

Please see Shelter site here which should help you further.

Laura 06/04/2016 at 9:57 pm

In November 2015 a letting agent found tenants and they moved into moved into our house. The agents advised us that the property require some work and decorating and new carpets. The cost was £5000.
The tenants have paid their rent to the letting agent and are up to date. We have had no paperwork or contract, neither have the tenants. All the tenants have had is an inventory. Unfortunately we allowed ourselves to be fobbed off by the agent because it is a family friend of 30 years. The property and agent are several hundred miles away from where we live. We could not get in touch with them for some time but eventually did reach them through Facebook.!
5 months rent at £995. per month plus over £1000 deposit is what our tenants have paid. We have had a total of £641 paid a week ago.
We have just spoken today to the tenant and found out about the deposit and that they also have no contract despite signing all forms presented to them. We are concerned not only for our rent but what will happen regarding the tenants deposit. We knew there was some sort of deposit paid but not the amount .

Poppit 14/03/2016 at 2:44 pm

Having signed a rental agreement 3weeks ago 19hFebruary for 6 Months ,I have only last Friday been able to move in .This was due to te toilet flushing system broken .the estate agents
Maintenance contractor kept promising to do the work ,but it took 3weeks of continual pressure to get the work done so that I could move in
I have lost 3weeks rent paid in advance £300 ,which the estate agent refuses to reimburse ,
saying we will have wait until they taken it up with the plumbing contractor in the hope that they wiil reimburse them for the default in workmanship,.My understanding of a situation such as this
Is that the letting agent ,under the duty of care is responsible for the contractors they employ ,
And subseqently should take responsibility for this situation and re pay my lost rental of £ 300

Adele 01/03/2016 at 12:13 pm

Hi I have been with my letting agents for 7 months now. I recently had new tenants move in 2 weeks ago. Part of the contract, for financial reasons of the tenants, they had to pay a full 6 months rent in advance of moving in. The letting agents let the tenants move in having only paid 3 months, a mistake they have taken responsibility for, and have now gained the other 3 months rent from the tenants. 2 weeks later I am still waiting on the money being transferred into my account because of this mistake. I have tried to phone and email every day to find out the progress of this. Is there anything I am able to do in this instance as I had several letting agents wanting to take on my property and other tenants willing to rent it. Thanks in advance

AnnH 24/02/2016 at 10:21 am

Hi - My tenants have recently left my property (did a bunk!). They were given a section 21 which meant they should have left in November. They stopped paying rent for 2 months then suddenly paid in full and ask to be able to remain until after Christmas. I agreed wit the proviso they continued to pay their rent - which they didn't. They have left owing 2 months rent. The letting agent has retrieved some of the outstanding debt but then took their letting agent fees out, leaving me with a very minimal amount.
The amount of damage at the property shows me they have failed in their part of the agreement to make regular visits. The tenants have stolen the loft ladders, aluminium ladders from the garage, the pond pump and filter plus pond lights! All the carpets have had to be ripped up as they had 2 dogs.
I had agreed to the dogs as long as they paid the deposit for the dogs but they only paid 1 installment and no more. I do not have any evidence to show me the agents chased for the money either for the dog deposit or outstanding rent. I have given them the forwarding address as I followed the tenants as they were packing up to leave.

I have also forwarded on their address to the bailiff who knocked at the door and the Provident lady who had left a note. They must have dreadful credit history and now I wonder if any credit checks were ever done!

Can I take them to court - or to their professional body to make a formal complaint/claim

thank you

Lucylou 27/01/2016 at 5:05 pm

I have just found out by my own research that my tenant has a CCJ. My lettings agent has missed this during their checks. It looks like my tenant has had the CCJ for 9 months and has been my tenant for 2 months. The lettings agent seems to be dragging their feet in dealing with the problem. Can I cancel my contract with my agent if it proves to be their mistake?

ThePropertyLandlord Editor 20/01/2016 at 11:23 am

If you know your tenant has been paying their rent on time and there are no issues there, then as specified in the article, if the letting agent has been negligent in such a way that they are in breach of their contract, you are legally entitled to cancel the contract with them, and should not incur any charges for doing so.

maison 19/01/2016 at 12:16 pm

I am becoming progressively less satisfied with my letting agent. I have been with them for 30 months and initially everything was by and large ok but it has not been the case for several months now.
My main issue is late settlement of accounts. I have had to chase them on more than one occasion when payments have not arrived in line with the 28 day cycle, sometimes more than 2 weeks late. (I am quite aware that intervening weekends/Bank Holidays impact upon scheduled payments) I telephoned them today (19th January) to let them know that the January payment nominally due 5th. had not yet been paid, to be told it would be paid 'sometime this week'. To be frank the recent erratic and delayed payments have raised the possibility in my mind that they might be having cash-flow issues.
The agent has also not been properly pro-active in chasing up tenant arrears to the point where I have frequently had to contact them to enquire what was being done to address such issues. My clear impression is that but for my interventions the answer would be very little. I have also been advised that some of the rent arrears of a tenant who has recently been given notice and subsequently vacated as a result of my pressing the agent will be recovered by making a claim on their Bond. I have read elsewhere that such a claim is illegal. Should that be the case it raises other misgivings about the agent.
Have I grounds to 'dismiss' the agent for breach of contract?

sammi 11/01/2016 at 10:35 pm

Hi we have let our property with a letting agent and initially they protected the tenants deposit but was then cancelled after a year and we were not aware of it. We sent a notice to the tenant and now he is taking us to court. Do you think we have a case if we took our agent to court for negligence as we have been paying him commission every month from the rent for 9 years and they have let us down. Please advice. Thanks

ThePropertyLandlord Editor 21/08/2015 at 12:45 pm

It depends on how many copies there are of this document. The estate agents may hold the original witness signed document, and there may be a duplicate which could have been sent out as a copy and/or for the witnesses to sign in their own time. You would need to check this first.

smike 20/08/2015 at 12:49 pm

Am about to go to Small Claims Court against an Estate Agency chain. One issue concerns the Letter of Guarantee and the Application for Guarantee. On each of these, there is a Guarantor signature – but these signatures have not been witnessed. I understand that a guarantor signature must always be witnessed for any forms to be valid.
Thanks for your comment.
Smike

zee 02/07/2015 at 7:42 pm

We wanted to rent our house, and there was a huge interest from several agencies. We decided we would do a dual agreement with tow agencies (Agency A and Agency B). Agency A had no issues, but Agency B refused. we decided to go with A, as they have the reputation. The contract documents were sent electronically, but all it said was there the contract can be terminated at any time by either party and the fine print were in the pack the agency had given me when we first met, which stated we have a sole agreement for 3 months and if we left them earlier we would need to pay £350+VAT.
I had issues right from the start.
the property was not advertised on rightmove till a week later.
a dirty picture was used, and I had to call to get the picture removed
no letting sign board was put up, I had to request for it.
in 3 weeks, we had 3 viewings.
I spoke to the agency and said i was going to terminate the contract, and we came to an agreement that we should reduce the price. which we did, and there has been no response or feedback even after the reduction....
Also, I had to call them and tell them their advertising was not right., we had one hard stand parking and 2 off road packing and it was advertised we had only packing.
would I be able terminate the contract for breach of contract and negligence?

ThePropertyLandlord Editor 28/05/2015 at 9:48 am

@Pammi - Have you looked in your terms and conditions to see the payments time frame window? If they have exceeded this, then it's time to take action. You will initially need to write a letter of claim, which the legal requirement prior to court action. Its aim is to indicate your intention to take the matter to the courts if money owed is not received by a specified date, you will also need to outline why the agency is at fault. Dependent upon how much you are owed you can pursue the claim through MCOL, or use Claim Form N1 in the County Courts. In addition, if the agency is a member of any professional trade body, you should also contact them to report this.

Pammi 25/05/2015 at 9:37 am

Am a landlord & our lettings agency are in breach of contract because they have refused to pass on three months worth of rent to us. They have never provided us with any paperwork of inventory list move in / move out. Despite repeated requests, they have failed to provide adequate evidence of why they have not done any inspections/taken money out of rent etc. We have written to them to complain about their service and put all our serious greviences in writing but they have never responded. The Tenant that lives there is paying way below the market price and we want possession of our property now. The Tenant is extremely rude and says that he will only take instructions to vacate from the lettings agency. If there has been a serious breach of contract between us (landlords) and lettings agency and we want the tenants out, what can we do about this?

ThePropertyLandlord Editor 15/04/2015 at 12:44 pm

@Vixie88 - I have included a link from Shelter regarding 'letting agent fees and charges', here. I assume it must still be dealing with the property if it is writing up the agreement. I hope the article gives you the information you need.

Vixie88 12/04/2015 at 8:53 pm

Hi I am a tenant and my tenancy is due for renewal, the estate agent we originally signed with is charging us £90 for the pleasure even though they are not managing our property anymore, so my question is do we have to pay them. They are claiming we do as they hold our deposit, although it's in a tenancy deposit scheme so in theory that point would be moot. They charged us the same last year and gave us back an agreement full of mistakes so I'm not sure how it was worth £90!! Secondly they haven't even prepared the tenancy agreement in time for the end of the tenancy so does this put them in breach of their contract and if so can we argue that we shouldn't have to pay?

ThePropertyLandlord Editor 25/03/2015 at 11:35 am

@Fin you don't say whether you are the landlord or the tenant. If you are the landlord then I would find out if they are a part of a trade body which you could approach and ask for advice. Otherwise you need to follow the procedure in the article. If you are the tenant, at least you have paid the money, and it is the landlord that should be getting concerned.

Finn 22/03/2015 at 11:37 am

Letting agent not passing on rent due to landlord for roughly 3 months

ThePropertyLandlord Editor 16/02/2015 at 10:37 am

@Alex - unfortunately, it's a very common problem and equally a very frustrating one for you. I have included a link to Shelter which has a page on processes you can go through if your landlord wont do the jobs, here . I hope this helps.

Alex 13/02/2015 at 7:33 am

Hi
I am actually a tenant who is having terrible trouble getting boiler mended. I have had tepid water for almost 5 weeks now. She keeps sending the same plumber who is stretched to capacity and they both keep coming up with different stories. This woman has lied to us so many times and whenever something goes wrong..... IM told she'll get back to me and never actually does. She keeps Emsiling my husband and talking anout me to! Very strange. The fact is... The boiler still isn't working! What can l do?

Holy 02/02/2015 at 3:27 pm

Hello
Am having bad problems with letting agent in Wincheap Canterbury. Am worried that he is going bust or something as the rent from y property is being paid later and later and some of the payments have been held back. I wonder if any other landlords are having the same problem?

JillB Editor 28/11/2014 at 2:20 pm

@newbie - I think I'd change the letting agent! Surely you should be advised before workmen are being sent out.

newbie 28/11/2014 at 11:18 am

Hi
My letting agent, who is a nice lady, seems to have developed a very friendly relationship with my tenants. To the point where they ring her and report an issue - usually minor - she will then have one of her workmen/gardener/plumber visit the property and then charge me for the repair / review. Sometimes there is no requirement for their visit. I cannot help feeling that I'm being a cashcow here.
I have tried on a couple of occasions to arrange a visit to my property but the agent reports that the tenants are busy etc. I don't want to get mean, but I do feel that I'm not being treated as the actual business provider here. Any advice?

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