Refused a copy of check out report!

Reply to the comment left by "Alex Chard" at "17/04/2014 - 19:04":

Thanks Alex. This is how I see it and I get very angry that the agent seems to think they are controlling the situation and not managing. If you dont want to pass on a document that relates to your clients property which you are managing then as far as I can see someting is being hidden. It can only be so.
They also had some minor repairs done and refuse to show me the original receipts.

You are entitled to ask for anything at all pertaining to your property, and in fact are actually legally obliged to retain such information for tax purposes, so your agent is not only breaking the law herself by refusing to give you the report AND the receipts for repairs, but is forcing you to break the law as well.
I think I would ask again and if the answer is no this time, threaten legal action against the agent.

Alex is 100% correct.

The only item on a file that the Landlord may not be entitled to is anything that deals with the tenants personal data, but even then that point can be dabated as the argument is the landlord could have obtained the same authority from the tenant to then approach their referees himself.

Anyway the file belongs to the landlord.

Reply to the comment left by "Industry Observer " at "18/04/2014 - 09:59":

That's good news that I'm in the right. How can I enforce this though? Currently I'm overseas and not returning for 2 months which is why I want to see how my property is now. The Agent is no longer looking after the property and it's empty.

Is your agent a member of ARLA, NALS, RICS? as they have rules and regs and have to be members of a redress scheme such as the The Property Ombudsman.

If they are not they might just be a member of The property Ombudsman alone (although I suspect they are not a member as it is currently a voluntary membership)

A formal complaint to the TPO will take time but if they find in your favour they will make an award.

With an unregulated agent (non member of any of the above) your only option is to instruct a solicitor but this then comes down to the commercial reality of loss versus cost and the likelihood of any return. Outside of these options there is little you can do beyond getting on a plane and make your presence known in person and take back ownership of the process.

Strikes me from your comments that the agent isn't and hasn't been acting in your best interest so you need to take the process in hand yourself to save any further compromise - chances are they never did a check out report to give you!

Maybe a check out report hasn't actually been done.....

Reply to the comment left by "Freda Blogs" at "18/04/2014 - 23:15":

I took Charles' advice and sent a friendly email that I'd looked deeper into my rights and finally got the check out report followed by some choice words.
I still can't understand the agents problem with all this but at least it's done with.

Thanks for all your help.

Reply to the comment left by "Industry Observer " at "18/04/2014 - 09:59":

IO said "...but even then that point can be dabated as the argument is the landlord could have obtained the same authority from the tenant to then approach their referees himself."

Finally someone who agrees! Depending on what the declaration that the tenant agrees to states, the landlord is only entitled to the final report and not the personal data the referencing company is collecting about the tenant. The tenant gives the referencing company the authority to share with the landlord and not the agent.

And before I am jumped all over for being wrong, I challenged this point last year with a very large and very well known referencing company - It went all the way to the compliance and legal department who agreed with me and changed the declaration to allow the agent to share the information.

Anyway, back to the point, presumably you had an inventory done when the tenant moved in, it was agreed with the tenant and you paid for it? If that is the case then this is the same. It doesn't matter who pays for it in these circumstances, under the HHSRS you are legally responsible for any legally required servicing, repairs etc so if you have not had an opportunity to check this through the inventory then you are at risk. Albeit not a perfect way of checking but that is what the agent is for!

Unless the relationship between you and her has broken down so badly, everything is solvable with a bit of friendly negotiation to move forward.

Either way, I see very little benefit for the agent doing what she is doing so I am sure you will be able resolve this easily. 🙂

PS: Yes I am an agent

Reply to the comment left by "Mark Reynolds" at "19/04/2014 - 09:12":

Thanks, Things have broken down. but their was a similar incident with the previous tenants. I paid for the check out report then more than 3 weeks later had to asked for it when new tenants were moving in. I highlighted several points noting that items were missing, broken or damaged beyond wear and tear.. It was like the agent didnt even bother to view the report. It took several emails for her to agree to get the problems sorted.

Then she decides not to show the next one. To answer the inventory question, yes I did pay for the initial inventory.

Reply to the comment left by "ian barker" at "19/04/2014 - 10:23":

Then I see little difference, our inventories are completed and stored online for the landlord to access at any time.

It strikes me that she is being difficult for the sake of it and in the current climate this is commercial suicide!

Its easy to say now but your agent should be acting in your best interests and that includes making sure you see sight of the inventory and you have an opportunity to inspect the property if you have any reservations. I hate to say this, but if the relationship has broken down to the extent it has, then it's time to get tough and tell the agent you will be holding them responsible for any damage if you are denied the opportunity to agree the condition and the deposit is given back to the tenant - Albeit the deposit is the property of the tenant

I had to get involved with another agent this week over their refusal to give a reference which held up our property being rented out. When I reminded them of their responsibilities the tenant was moved in as planned 🙂