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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5908
Experience:  Solicitor
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Using an Estate, Property Management and Lettings Agency

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Using an Estate, Property Management and Lettings Agency regulated by RICS and a Licenced Member of NALS (National Approved Lettings Scheme) We asked for a long term let property knowing we would have a short term tenancy agreement which would roll over. We were shown round an occupied property (3 bed dormer bungalow) we attended the Company Office signed up and paid fees. We were accepted but had to wait until all safety inspections were carried out. We were approved and called in to sign a tenancy agreement already signed by the Agency as Landlord Agent. We attended the property to be given a bunch of keys but not a complete set so the property could not be secured. The Rep left as she had another appointment telling us to call the office with any problems. A Handyman attended to rectify the doors difficult to lock but with no keys for the missing ones. I attended screw fix and purchased some with extra keys which I gave to the Agency (receipt obtained). During our first week my wife was bitten by dog fleas as the treatment they say they had carried out was done when the property was cold (no heating on) we had rain water flooding ingress in the front porch and rear conservatory while we were asleep. Our dining table was covered in rainwater and warped. No power to the garden shed socket. All reported to the agents. Then next week received an electric shock from our dishwasher no electrics tripped it just rumbled on with smoke and steam coming from it. I had to switch the main consumer unit off in the garage before unplugging the dishwasher and taking it outside. All safety check certificates we had been told were in the property folder which we found to be incorrect they were all missing. We were told that copies would be obtained and sent to us. As a Chartered Building Engineer I then carried out a simple visual survey of the property presenting my findings to the Agent. The following week an Electrical Contractor attended to give a report on the installation after testing it too. He informed me that it was an Unsatisfactory Electrical Installation with numerous faults. He informed me he could not give me a copy as I was not his client. I asked the Agency for a copy and was promised one but it never arrived. Instead we were given a section 21 eviction notice. I complained to the Agency who informed me that they did not have to give the Landlords reason for possession. As I was self employed I could not accept further works as I was busy packing up and seeking another property suitable for 2 disabled pensioners. this was in Jan to March 2014. I ended up using the Property Ombudsman and were found against even after review. What I did get was a copy of the test report under the rules of exchange of evidence which showed that the Contractor had been asked to verify the safety of the Electrical Installation - his report stated that it was unsatisfactory with further observations that it was potentially unsafe to use with 32 faults reported 12 of which required urgent attention to ensure the safety of the user (us). The Electrical Safety Council cannot understand the findings of the Prop Ombudsman so I complained to RICS. I have the report now where the Agency admits to never carrying out any safety checks of the property so have given false and incorrect evidence to the Prop Ombudsman so they have signed a false declaration of conformity of the Tenancy Agreement (Fraud) they have not delivered the professional services they advertise the abide by and comply with (RICS & NALS membership requirements) they deny any responsibility for our losses or injuries instead putting all blame on the Landlord. The NALS scheme informs tenants that all safety checks will be carried out prior to our signing and that a report of all repairs given to the Landlord to ensure compliance with the Landlord & Tenant Act 1985. How can the Landlord be responsible if they have not given the professional service which she pays them for and for which they also charged us professional fees for?
I see them as a Rogue Estate, Property management and Lettings Agency as the government is now trying to legislate against. I also see them as Fraudsters taking money from Tenants and Landlords - Trading Standards Lincoln agree but have just added my complaint to their data bank for future information meanwhile I am out of pocket by over £20k. I have been told to go to te County Court small claims to get my compensation - can I?

Hello my name is ***** ***** I will help you with this.

Have you taken it with the landlord at all?

Customer: replied 1 month ago.
The Landlord is a widow who employs the Agency at 12.5% of the rental income. I have not spoken to here although Trading Standards Lincoln have told me she has the same claim against the Agent as we do regarding fraud. My claim is that they have promoted themselves as professionals regulated by RICS and NALS members but do not comply with their membership requirements. The tenancy agreement they signed 21-08-14 we signed it 26-09-14 the time difference being for the Agency to carry out the service checks. After doing the checks any works would be passed to the Landlord to rectify but as no checks were done she was not informed of any problems, so was ignorant until I did my report.

I think you can bring a claim against both Landlord and also the agent. The agent acts on behalf of the Landlord.

You need to write and set out your losses and request compensation within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

As its over £10,000 then you should get a public access Barrister to draft pleadings and represent you in Court.

You can find one at:

www.clerksroomdirect.com

www.mybarrister.co.uk

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 month ago.
I have added £5000 for 3 years stress and work due to their false evidence to the Prop Ombudsman whose reply to me I found to be very aggressive also they are not electrically qualified. Apparently they do not have to comply with employment law as their findings are not legally binding only advisory. I had mentioned Reg 16 of Electricity at work act. Any involvement with Electricity in your work requires that person to be qualified to that level or under the direct mentorship of someone who is. The Reviewer found against me as the electrician had not used the word 'Condemned' in his report. I pointed out that he can only use the wording of the BS which does not include Condemned which is why he put Potentially unsafe for use. As for solicitors the CAB gave me 6 pages of Grimsby Solicitors all refused due to a conflict of interests as they do conveyancing work for the Agency I went to a firm in Lincoln with an office in Sleaford where I met and had a 2 hour meeting in Sep 2015 In Jan 16 I phoned for an update - they had lost my papers although they did have a bill for £1400 in my file after I complained they dropped the bill and returned my papers so I have very little faith in solicitors nearby. The draft letter they cobbled together was an insult I would have expected a 1st year apprentice to do better than this qualified person tried to do