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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28975
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We moved into a tenanted farm and paid an amount of money

Customer Question

We moved into a tenanted farm and paid an amount of money for the ingoing valuation. When we handed in our notice we employed a land agent to work on our behalf for the outgoing valuation. During this process the land agent has not worked for us as we anticipated and we have not received the amount of money we believed should be ours. The land agent has also 'fogotten' to request money owed to us for fencing as well a few smaller items. We recently received a letter from the land agent stating that the ingoing tenants land agent is refusing to pay for the fencing. The land agent has now tried to pay us off half the amount of what we were expecting for the fencing. Is there anything we can do in this scenario, other than accept the money offered to us?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have not really done anything yet, as I'm not sure if we have a case. The reason we employ a land agent is to sort out these issues, we did not expect to be fighting our own land agent.
JA: Where is the farm located?
Customer: It's a Devon county council farm based in Holsworthy.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That is the main overview of the situation.
Submitted: 13 days ago.
Category: Property Law
Expert:  Joshua replied 13 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

May I confirm if the land agent is a member of a property ombudsman redress scheme please?

Expert:  Joshua replied 13 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if you are dissatisfied with the services your land agent has performed, in the first instance, you can make a complaint to you that land agent itemising the areas of your complaint, and in particular, set out any losses that the land agent has caused you.

The land agent may be a member of the property ombudsman scheme and if this is the case, if the land agent does not respond to you satisfactorily or does not respond to you at all within the period of eight weeks from the date of your complaint, you can consider escalating a complaint to the property ombudsman service for free independent determination who can award compensation where it finds in your favour

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 11 days ago.
The land agents are Kivells and yes they are a member of the property ombudsman. Please find attached the complaints procedure. We have written three letters in connection to the complaints we are making. Please find attached the last letter we received from them in connection to the complaints we made. I can send over other documents if you need them.
Customer: replied 11 days ago.
File attached (VM5L56T)
Expert:  Joshua replied 9 days ago.

My apologies for the delay in reverting to you over the long weekend. If you have been unable to resolve your complaint with the agent, you may consider escalating your complaint to the Property ombudsman for independent review: