Need advice regarding Letting Agents and Paperwork

lovethechang

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I'm not sure whether this is the right forum to be putting it on, but I have listed this elsewhere and need to gauge peoples opinions and advice regarding my current problem with a letting agent. I am sorry it is long.

We moved into the property we are in in June 2008. A few things struck me AFTER we had moved in. For instance, the letting agent didn't bother to do a pre tenancy inspection, noting all the damage to the property. (I had to do the pre tenancy damage report 2 weeks after moving in after finding out they had bothered to do it.) Also, they didn't advise the electricity company that we had moved in, which meant they didn't have a correct opening meter reading which left us in the s**t. the reason for this was they didn't have a key to the electricity meter cupboard!!! I had to speak with a neighbour to gain access to the cupboard a month after moving in for readings and was pestering the LA every other day. Even when I did get the readings the LA didnt do anything with it.

Anyway, I digress. The main issues I have is that in December 2008, the property was repossessed by the bank and is now managed by a bank selected agent (A company called Touchstone) They have requested all paperwork concerning the property, some of which we are unable to supply as we have never received the documents from the old LA. One of such documents is the pre tenancy damage report. I handed it in to one of their staff members when he came around to check the damage I had put on the list. I have never received a printed copy of this. Also I have requested copies of receipts for the rent paid to the company, as they did start sending out receipts but mysteriously stopped.


What I want to know is what can I do to get the documents I require? I have been chasing the old letting agent since December on the phone, and every time I speak to them they say they will send them out to us but we never receive anything. We want to move out of this property in June (we are in a 3 bed apartment on 1st floor with triplets - we want to move into a house if possible) but without the damage report, we are going to be liable for all the damage that was present when we moved into the property. The receipts are not so important as I can supply bank statements if necessary but the damage report is essential.

Also, what happens with our deposit? The old letting agent has it tied up with something called the DPS - Deposit Protection Service/Scheme. Who authorises them to refund the money to us? The old letting agent or the new? I assume its the new one but how can they access the DPS as control of the property has changed hands?

I seem to be hitting a brick wall at the moment and don't know where to turn - I am in the process of writing a letter to the LA detailing what I want - should I advise them that if documents not received, then I shall consult legal advise? I really don't want to lose a £700 deposit because of their incompetence.


edit *** just found the letting agents code of practice on the website of the NAEA - various clauses in section 8 back my stance that I should have been furnished with the damage report as I moved in, and for me to have signed a copy of the report on their file and for me to have had a copy for my records. Is this sufficient to warrant a complaint to the NAEA for failure to abide by their code of practice?
 
Hi there,

Sorry to hear your having problems, I had a similar thing happen to me 2 years ago when i first moved out of home in to a new apartment.

But luckily I had some good work collegues who told me what to do etc. The damage report is an essential piece of documentation (looking back i wouldnt move in to any rented place without one now) however i didn't recieve mine when i moved in and it wasnt until a month after i had moved in when i received it.

To get it was a nightmare, and it concerned me as there were some finishing issues i had and some of the built in appliances were faulty from new, so i made my own log of all this with pictures to back up. I ended up having to go in to the LA 4 times demanding this and also the meter readings. I would either go in and see them, or i would write the letter as you intend on doing but also make a letter of complaint to the governing body.

About the deposit you will not lose this, as it is put in to a goverment holding thing from what i remember and the only way they could get it, is if you sign the documentation to release it, if a new letting agency now manages the property then it should have been passed on to them, so i wouldnt worry too much about that, just a friendly phone call to the new holders of the property.

Hope this makes some sense to you, just make that you keep a diary
 
Thanks for the reply mark31385

the problem we have is there was a fair amount of damage which we have no record of as being here before we moved in as we don't have the damage report. As the new agents wont have this, they will assume that the damage that was pre-existing was done by ourselves and subsequently charge us for it.

As for the deposit, we can only get that back once both I and the agent agree on the damages - £700 is a lot of money to be tied up in a dispute, especially when you have to consider we will need that money to repay people when moving into a new property.
 
Hi,

Yeah I understand what you are saying now don't qoute me on this but i believe it to be right and lawful and am sure if i am wrong on bits people will point it out.

Upon entering in to a new tenancy it is the agencys or landlord or who ever to provide the tenent with a tenent information pack. This covers all things showing that stuff when the heating and water and electrical systems have been tested and lots of things like that.......but also in there should be the pre assesment damage report, which to be legal both yourself and the agency or who ever both need to agree on and sign.

Now seem's as you haven't got one, it was the failing of the previous company who did not supply you with one (and should also have a copy, but to be valid you both have to sign). Therefore they should be at liabillity for any costs or damages that are on the premesis and not lie with you.

You can provide documentation showing that you have activley tried to get hold of this by the letters you have sent to the company. IT IS the previous company in the wrong and not you.

As always do seek information from the CAB aswell. But as far as i know i believe that to be correct, but people more in the know should correct me if im wrong, hope thats helps put your mind more at ease and good luck :thumbsup:
 

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