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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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I have an issue with dilapidation agent service. The

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I have an issue with dilapidation agent service. The contract is 20% of savings on landlord dilapidation report which is fine. On instructing in February the agent promptly provided a detailed report with a suggested offer to landlord. This offer was a significant reduction in landlords fees so I happily agreed to the dilapidation agents proposal. After not hearing anything from my agent for a few weeks I followed him up. He then said he had not heard from landlord and would chase. Only last week, several weeks on I received an email from agent simply advising he has still not been able to contact landlord. Due to not being happy with the agents performance I emailed him yesterday advising termination of instruction and that I would change direction to a legal route. He then became very defensive and pointed out a clause in small print of his terms. This being if after 3 months have passed
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, also in continuation of above. Agent says in his small print if he is unable to get Landlord agreement within 3 months his fees associated with offer are payable. This means that at this level he is benefitting from highest fee possible for himself without resolving issue for me so no savings made! The area for concern is that after requesting copy of communication between himself and my landlord he totally refused which I find rather odd. I wanted proof of his attempts to resolve as I feel is my right as his customer.
JA: Where is the property located?
Customer: Westbury Wiltshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that’s fine
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

I have been asked to look at this for you.

There is a whole load of information missing because I need the background that led up to the current problem please.

Ordinarily, you are responsible for the obligations when you come to leave the property so I don’t know where the agent fits into this and why the agent has been making an offer to a landlord because the agent is the agent of the landlord, not the agent of you unless you have instructed a different agent.

F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The agent is a dilapidation surveyor specialising in saving tenants monies by negotiating fees due from dilapidation reports. By challenging the validity of the claim using expert knowledge of fair wear and tear etc. Two solicitors locally suggested I go down this route after we received the report making a rather large claim. Does this help you assist me with my problem? The issue I have is with the Dilap agents contract and their behaviour which is far from customer focused. Your point about working for landlord does seem relevant by the manner this guy is communicating with me. All very uncomfortable and making a stressful situation worse not better!