What Can I Do When A Useless Letting Goes "silent" ?

[CW1]

Hi,
Further to
http://www.theanswerbank.co.uk/Business-and-Finance/Question1358296.html
the situation's gone from bad to worse, now the letting agent isn't doing a thing to get late rent paid (over 2 weeks late now). They're not responding to e-mails when I've asked if they can visit the property to do an inspection they were s'posed to do in June, nor my request for them to give a painter access on Saturday as they won't give me the keys (to paint the outside, not inside while tenant's still there).

On top of that, I started their official complaints procedure by e-mailing on Sunday, & according to the Property Ombudsman's Code of Practice they're to acknowledge receipt within 3 days. That hasn't happened.

I'd asked the letting agent for details of the complaints procedure in June but hadn't had them, so I'd e-mailed the PO a while back to ask them for advice. The PO's never replied though I did finally get the details I needed from the letting agency last Friday. So are they going to reply if I send them an e-mail tomorrow saying what do I do as I haven't received an acknowledgement of the complaint as per their Code of Practice ? I think not :(

The tenant was issued a Section 21 Notice in July & is due to vacate in less than 2 weeks, still owing a month's rent & the deposit'll be needed to cover repairs, won't be enough for the rent as well.

Would appreciate any suggestions who I can ask for help ... :)

[themas]

I suggest:

1. Pursue your complaint & don't give up
2. Contact the tenant yourself & try to get the rent. I suspect the agent just can't be bothered because they will know the tenancy is ending.
3. Contact a solicitor who is experienced in residential housing law. If the tenant doesn't leave when he is supposed to you may well need legal help to get a Court eviction order.

[kvalidir]

Can I ask why you assume that the deposit won't cover the repairs since you haven't had an inspection done recently? We let a lot of properties and it's my experience that nearly all tenants don't pay the last month's rent, not because they are dishonest but because in the past they have been scalded by greedy and dishonest landlords and letting agents who will find almost any pretext to keep their deposit. If possible go and see your tenant and see how the land lies, and possibly get a look at your house at the same time. Depending on the terms of the contract sometimes the deposit is held ONLY against damage and cannot be used for unpaid rent so check your contract. Did your agent handle the deposit for you as well, hopefully he has protected it properly in one of the required schemes? Sadly once an agent decides to become un-cooperarative you need to resort to dealing with them via the Ombudsman as you seem to be doing. Send a recorded delivery detailing all of your issues with them, copy that to the Ombudsman and once you get no response go via the ombudsman's complaints procedure as they have far more clout than you.
Above all you need damage limitation at this point, so talk to your tenant (nicely) if you can and see where to go from there- the agent will take longer to deal with.

[joggerjayne]

Agree with K-Val ^^

[CW1]

I do appreciate your advice, but have to say - but

1. How can I pursue a complaint that hasn't been acknowledged ? PO won't intervene for 8 weeks, until the letting agency's procedure has run it's course.

2. I've been speaking with the tenant since I gave him notice nearly 3 months ago, & he actually paid July's rent direct to me & I then paid the letting agency their fee. The tenant's s-o-o-o unreliable, he's rarely paid on time in nearly 9 years, has been texting & e-mailing me demanding my bank details even though he had them in July when he used them (!) AND I'd e-mailed them again this morning ... he said he'd call me yesterday at 4:20pm. Nope ... it goes on.

3. Yeah, legal advice was what I've been thinking but I'm snowed under with work. Been up since 2:30pm yesterday, my head has not been near a pillow since (though it will be very shortly :) )

The deposit isn't likely to cover the repairs. I've been to the property, I've seen the last inspection report done in April. Was bad which is why they said they'd do a follow up visit 2 months later to make sure he'd taken notice of what they said he needed to do which, despite apologies, despite promises, they never have. He's wrecked the place, kvalidir. Not literally, but for example, the flooring's damaged beyond repair, needs replacing (partly due to a motorbike he's kept in the house, spilling oil everywhere), the walls are damaged where he's put massive pictures up, they've never been able to inspect the spare bedroom there's so much junk in it, etc. etc., all things he's not "allowed" to do, & the letting agency HAVE allowed him to ignore their saying he can't *doh* And believe me, I'm not a greedy OR dishonest landlord. I've never put the rent up in 9yrs despite being told I could have been asking £200 a month more. I've (usually) always been patient with him, I know he loves the house. I did too before he wrecked it, which is why I couldn't bring myself to sell it 9yrs ago.

The letting agents are a big outfit, the deposit's perfectly safe. I can't deal with the Ombudsman until the 8 weeks are up, that'll be , ooo, around end of October ...

This is why I'm f-a-s-t reaching the end of my tether on this ... *scream* [& goes to bed. Finally]

[kvalidir]

I have to say that a court's perception of reasonable wear and tear over a nine year period is going to cover pretty extensive damage ( as long as it's not deliberate). Things like putting up pictures are par for the course, and junk in a room doesn't equal damage, so if it's just an odd bit of floor and a mess I don't think really you have fared too badly. It sounds like you have a good relationship with him, so work with that, the agents will have to be dealt with via the Ombudsman unless you fancy a stand up row in their office in front of customers ( that might work).
I would expect after nine years to have to entirely redecorate inside and out and to have some residual repairs to make in most properties. See what needs doing when he quits, often things seem much worse than they actually are. Are you reletting it or selling it now?