Nightmare property management (UK)

[Lauren82]

Having a nightmare.

I posted before that our tenants (in our UK house) had redecorated without permission.

They also have removed furnishing into ‘storage’ (her parents house) hung things from walls that they shouldn’t and are talking of ripping up the grass and putting down stones!!!!

All breaches of their agreement.

We decided we can’t be doing with all this worry so would put the house on the market, so I courteously let the tenants know our intentions and allowing them chance to make an offer before an agent wanted their cut.

In the meantime I told the property management how annoyed I was that they had allowed all these breaches of tenancy to happen and she had not told us/ nor had she ‘told off’ the tenants (for want of a better term) So I requested all the documents with regards to the tenancy from her – although I didn’t say so it was so I could check up if they were doing their job properly (although I’m sure they realised this.)

3 weeks later despite almost daily reminders still no documents through. Only communication was accusing me of Harrassment because of my email to the tenants about wanting to sell l!!!!!!!!! WTF!!!

After 3 weeks of waiting I rang the management and said I no longer want you acting as management you need to send everything to me immediately. I was promised it the next day... it arrived 5 days later... less the inventory. When the inventory did come it was poor to say the least. Numerous items missed off no mention of what was hanging on walls originally, no mention of colours or feature wallpapers; Basically a useless piece of paper.

What also came to light was she had given them a 1 year tenancy agreement when we only agreed 6months!!!! Annoyingly this was a verbal agreement so difficult to prove.

The management wants 3 months notice to ‘give up’ up their management. I told them to send me the 3 month bill but you are clearly not acting in our interests so I am handing over to new management immediately. No response.

I again courteously rang the tenants and said new management are taking over is it ok to pass on your details to them. “yes, yes. Yes” also an agents want to come out to take photos for the property to go on the market for sale, again is it ok to pass on details “yes, yes, yes” ..... and then the line went dead. Giving the benefit of the doubt I assumed a bad line and tried again, no answer, then engaged, then rang and cut off.... so I sent a text ‘we appear to have been cut off, any questions or queries just let me know. Thanks’

A few days later the new property manager sends me an email ‘we have a big problem, can you call me.’ I rang, Tenants says current agent told him he is not to speak to anybody!!!Said he was throwing this ‘harrassment’ word around again. So I rang agent wanting to sell property, same story.

I have sent current (sacked) agent a message saying why have you told them not to speak to anybody when we have requested you immediately hand over management. They repeated tenants are feeling harassed and are very upset about the situation. I will continue to manage the property for the next 3 months.

She is creating a monster and we have no idea what to do. We have no control over what is happening. At the end of the day whats done is done (in terms of decoration) we just need to make sure it is managed properly so no further breaches happen - or if they do, that we know about them and appropriate action is taken.

I guess if the rent comes on time for the next 3 months we will just have to bide our time. I have already formalised our complaint in writing to her saying we will want compensating. I just know these tenants are going to be trouble and suspect even at the end of their 1yr tenancy they are not going to leave.

Just wanted to post on here for a little rant but also just wondering if anybody has any experience of challenging a property manager for compensation? I spoke to a solicitor but he was really unhelpful.

[nollie]

omg i soooo wish i could help, what i nightmare, all i do know is that if you check your tenancy agreement and ensure that the agent had the tenants sign a section 21 form this will give you the power to evict once tenancy has ended.... try looking at the direct gov uk website loads of fab information, or if youcan buzz the CAB over here they will be able to advice you over the phone or via email... I would however write a formal letter to the current agent explaining your reasons for sacking them, send it recoreded delivery and request a 28 day response from them. i wish you so much luck,

[Littlesmiler]

Hi lauren, it sounds like they think whilst you are in Australia they can get away with everything. In most contracts from letting agents there is always a clause as to say you have to go down the route of permission for decorating or any changes etc. You will be able to justify keeping somewhat of the deposit probably when you come to the end of their term..If you have their deposit in one of the schemes like the Tenancy deposit scheme you can put your issues forward like redecorating back to its original state. I would never dream of doing what these people have done. I am currently renting and would never dream of doing any of these changes its so wrong. The Letting Agents also sound like they are not complying with the obligations they have to you. Here is the Property Ombudsman's website there is a link to make a complaint about sales and letting agents http://www.tpos.co.uk/ There is also a contact number maybe call up get some advice and perhaps get the call logged with a reference number then put it into writing. They sound like they are seriously in breach of what is deemed to be acceptable! Hope you get this sorted its so bad! x

[kate24]

Agent is meant to be working for you! Can sympathise as I had rubbish tenants too although mine were relatively easy to evict but property was a mess and our agent utterly useless too and didn't even manage to produce an inventory at any stage. Good luck and make sure you get good advice cause law is tipped towards tenants.

[Rupert]

So clearly there are some issues with the tenants here, but you also need to correct your own behaviour because it won't help you in the long run. You need to stop contacting the tenants for a start, they didnt make an arrangement with you they made it with the estate agent and in my view you would have beena lot better advised to ensure they dealt with it. I know it is hard but you also should make sure you are treating this as a business, not aas if it is still your own home, so keep some things in perspective, so what if they paint a room a different colour or hang things on the wall, don't you want happy tenants? I would draw the line at digging up tje garden however.personal

[whatsthestory]

speak to my nephew, he deals with property management. he might be able to take it off your hands. Ross Smith PM for info

 

Danny

Edited May 27, 2012 by The Pom Queen
Removed personal info

[Lauren82]

Thanks guys.

Yes we know its a business arrangement and have been trying to not think of it as our home anymore... never want to go back anyway. But when they have painted it pink throughout it doesn't exactly fill me with confidence that they are doing us any favours in doing so. The house was immaculate and high standard before so it wasn't something that needed doing.

They have actually breached 5 of the clauses of their tenancy in doing what they have done so far without permission so doesn't show much respect for us.... and as we are tenants ourselves over here I know I wouldn't even dream of doing what they have done to our landlords house.

The estate agent knew that our first priority is to get the house sold so we just wanted to take tenants 6 months at a time so we could catch the property market right for selling. So to be honest I am more peed off at them than the tenants as it is through the agent misleading the tenants that we have ended up looking like the bad guys.

Rupert, I have only contacted the tenants to advise them of our intentions to sell... and this was when we thought they were only on a 6mnth agreement so it shouldn't have been a 'problem' I was just courteous to let them know. The only other time they were contacted was when I had sacked the management and telling them the new management would call....

Now they refuse to speak to anyone, only the company that I have sacked. Its crazy.

 

Don't worry I haven't made any more contact as I am very carefully treading. I am concentrating on how to deal with the management companys and yes thank you Littlesmiler I will contact tpos tomorrow.

[jamjar]

It is very stressful and I have been through this. I didnt have any damage, they just didnt pay rent for 6 months and getting them out can be very difficult - until the lease expires, even with a section 21 in place.

 

Regarding getting compensation from the agent, good luck with that one. Blood and stone come to mind, I contacted a lawyer and he bascially said he will charge a fortune and we will get nowhere, all the have to do is show that they did some type of referencing and they are of the hook. I self manage now - yes from distance - I pay a good friend exactly half of what I paid the agents. No he is not a professional but he definately has my interest at mind at all times.

 

Good luck

[Sol Survivor]

Rupert, I have only contacted the tenants to advise them of our intentions to sell... and this was when we thought they were only on a 6mnth agreement so it shouldn't have been a 'problem' I was just courteous to let them know.

 

 

I'm confused. How can you have not looked at the Tenancy Agreement to check it said that it was a 6 month contract as opposed to a 12 month contract anyway before signing it? Secondly you shouldn't be doing all this correspondance by phone as you have no record of contact made. Always put things in writing so there is a chain. Even if it's an email immediately after the conversation just saying, "just further to our conversation to confirm...."

 

Another point to mention is, do you have a copy of the terms and conditions between you and the agent? And does it state that there's a 3 month notice period to ending their management? And is there anything else in there that you could reference that they promise they do for you the client, that they're clearly not delivering on?

 

Last but not least, is this agent an ARLA member? (Association of Residential Lettings Agents), as you could go to them with this and request advice, although based on the description you've given of this agent I doubt they're an ARLA member, but then that's a lesson learnt. Although by no means a cast iron guarantee of everything being ok, you minimise the potential for disaster by employing the service of an ARLA registered Letting Agent.

[Lauren82]

The agent deals with the tenancy agreements on our behalf. We discussed how tenancy agreements would be 6 months initially so that sect 21 notice could be santioned if things didn't do to plan but this isn't covered in writing in the agreement between us. Never had reason to think it would need to be when this was her explanation of best practice.

It was not until we requested the copy of the agreement that we saw she had given them a year and by then it was too late.

She was obviously trying to secure her cut for the year as she knew we wanted to sell in the near future.

 

Yes the 3 months notice clause is in our agreement but I have already said you are not delivering on this, that and the other and she is still refusing to give it up sooner. If I insist on the tenants stop dealing with her and only come through me they are going to cry harrassment again, especially when the the agent is telling them not to speak to me and only to deal with her. Its honestly the most crazy situation, but with them being my problem at the end of the day and not hers I don't want to create too much of a stir.

 

And yes hindsight is a wonderful thing, these guys are not ARLA registered. Not that I think it would stop them they are actually quite a well known (locally) company with a good reputation.... until now.