Problem with Letting Agent

articny

Hi All,
I'm currently in a bit of a predicament and I'm hoping that someone out there could give me some advice.

I let my apartment through an agency while I was out of the country travelling. I also paid them monthly to maintain the property while I was away. This agency came highly recommended so I was happy to use them. I have since had alot of trouble with them and my property is now empty, I was never informed that my tenants left and I discovered it when I was down two months rent. On doing some research on what my options are I discovered that I should have registered with the PRTB. I know now that I should have done this research before letting the property but my time was very short and I stupidly put my trust in the agency to inform me of what I need to do. My agent never mentioned anything about the PRTB. My property has been very badly managed and the service and communication from the agency has been deplorable!

I would like to be above board and if I can pay in arrears I would be happy to do so. I feel that I would have more of a stand with the agency if I was registered. Is it too late? I'm also worried that if I make a case against the agent they could report me and I could be fined for not registering.
As I've said I am aware that is was my responsiblity to find out about the PRTB but I would appriecate if anyone has any advice for me.

thanks a mill

sorella

If they are a reputable agency, they will be a member of a professional organisation, eg IAVI.

This should be on their web site.

Even if they are not then the IAVI will be able to advise you.

See

http://www.iavi.ie/

We had problems with an agent who was not a member and they advised us well

The fact that the tenancy was not registered is bad; they should not have taken you on without checking that the tenancy was registered as their usual procedure is to get the signatures on the registration form when they get the lease signed. That is their job.

When we signed the lease here last year through an agency,we signed also the PTRB forms; each new tenant has to do this, not the landlord if you are paying an agency.

The landlord knew nothing about all this so the agent made sure all was legal.

So please do not worry. They have let you down very badly.
Talk to Threshhold without giving your name if that will help also; we did this once with a bad private landlord.

Let us know how you get on?

Ste.phen

Isn't the whole point of an agency that they take care of all that sort of paperwork for you?
Definitely find a better agency in future.

malpas

Bit of a chicken & egg..landlord cannot refer a case to PRTB unless the tenancy is registered..there is a late fee payable and it may be possible to pay this and register although I'm not sure how far back your letting goes. I suggest you give their Registrations section a call, explain your case. and if they are prepared to accept the fee, ask whether you can take a case against the agent. Don't know whether they do cases such as yours (via an agent) as they are set up to deal with landlord/tenant issues. If so then you can opt for either Mediation or Adjudication. Also check the PRTB website for info. It seems to me your real issue is against the tenants so perhaps if foregoing fails take a case via PRTB against them?

nadin278

Landlord is responsible for registering the tenants, unless it is agreed between the landlord and the agent that agent will do that.

sorella wrote: »

If they are a reputable agency, they will be a member of a professional organisation, eg IAVI.

This should be on their web site.

Even if they are not then the IAVI will be able to advise you.

See

http://www.iavi.ie/

We had problems with an agent who was not a member and they advised us well

The fact that the tenancy was not registered is bad; they should not have taken you on without checking that the tenancy was registered as their usual procedure is to get the signatures on the registration form when they get the lease signed. That is their job.

When we signed the lease here last year through an agency,we signed also the PTRB forms; each new tenant has to do this, not the landlord if you are paying an agency.

The landlord knew nothing about all this so the agent made sure all was legal.

So please do not worry. They have let you down very badly.
Talk to Threshhold without giving your name if that will help also; we did this once with a bad private landlord.

Let us know how you get on?

Emerald Lass

articny wrote: »

I feel that I would have more of a stand with the agency if I was registered. Is it too late? I'm also worried that if I make a case against the agent they could report me and I could be fined for not registering.

Hi there, had a very similar situation to yourself. I am now going downt he legal route to recoup my letting and management fees and damages etc.

The PRTB cannot help you with the agent - they are there to deal with issues relating to the tenancy - i.e those renting from you. If you want to pursue the agent, you need to do this yourself, perhaps employ a solicitor? As mentioned the IAVI can give some advice, but this all comes down to almost a consumer issue, as the agent you hired did not meet their responsibilities to you as a customer. This is what I have been advised by my solicitor.

I would be happy share my experience and gie any advice regarding what you need to do next to go after the agent, just drop me a PM.

As for registering with PRTB, you can't do that now as you don't have the tenant information to register it. anyway, its besides the point as there was no problem with the tenant perse other than them breaking their lease. The PRTB is no good to you in this instance, as they will only become involved if the tenant trashed the place and you are looking for recompense from them.

Now that you know make sure your next tenant is registered within 30 days of the tenancy starting, that way should there be a problem with the new tenant you will be all above board.

As for getting a new tenant - my advice is avoid using an agent again, and if a friend or family member is available then get them to help you. It would be better to give then a few quid than a crap agent!

BTW - your property isn't in Nth Co Dublin is it by any chance? wouldn't be surprised if you encountered the same shower as I did!

nadin278

Not every Letting/Management Agent is crap.

Of course, there are always one's who dont really care about their clients, and make a mess, but in general believe me, not all are like that.

Specially in current situation on the market, there are too many, competition is very strong, so agents who make a mess, like this one did, will simply go out of business, if they will not change their attitude.

I would recommend to to go with an agency again, but this time, to ask riends, family members, colleagues perhaps, to see, may be they can recommend someone.

Emerald Lass

nadin278 wrote: »

Not every Letting/Management Agent is crap.

Of course, there are always one's who dont really care about their clients, and make a mess, but in general believe me, not all are like that.

Specially in current situation on the market, there are too many, competition is very strong, so agents who make a mess, like this one did, will simply go out of business, if they will not change their attitude.

I would recommend to to go with an agency again, but this time, to ask riends, family members, colleagues perhaps, to see, may be they can recommend someone.

Of course Nadin is right and not all agents are crap, however since I had my bad experience I have heard far more people complain about agents than sing their praises. And its a big gamble to take, as its only when something goes wrong that you realise they are crap.

I did as Nadin suggests and asked around for an opinion on the agent I used - got all good responses. but I now realise this was because the people I asked were lucky enough to have good tenants (with no thanks to the agent I might add, just through sheer good fortune). because there was no problems with the tenant then there was no reason for them to think the agent was anything but doing their job. The real test is when you need them to sort something, and unfortunatly many are seriously lacking.

From experience if you do use an agent, go in armed with as much info as possible - make it sound like you are very well versed on everything and will take no nonsense.
Also never let on that you will be an absentee LL - this only gives them the opportunity to skive off cos they know you wont be around to find out. As far as they are to know, you are still living in the area.
Call the shots - make sure they use the lease authorised by the PRTB, make sure you have everything you need - and make sure they know that you are no fool. Bluff if you have to, but never let on that you are inexperienced.

I found this site really helpful, so go on there, read up and be armed before you even approach an agent.
www.irishlandlord.ie

I learned these valuable lessons the hard way, and I would never wish what happened to me on anyone. i am now in the process of court proceedings, so it really can become a total nightmare. Worse still, its not the tenant I had a problem with really, it was the agent! so much for making things easier!

good luck!