The complaint

Tenants renting a flat in London complained to the Ombudsman about the poor condition of the property and the way letting agents had managed the property.

The plaintiffs traveled to the UK from abroad and agreed to rent the apartment for 31 days. When they moved in, they realized the property was in an unusable condition and said the letting agency failed to take steps to remedy the problems and made no effort to provide them with a alternative property.

The findings

An inspection of the property was not carried out before the tenants moved in. Had this been done, the tenants argued the letting agent would have recognized the property was uninhabitable.

Photos showed personal belongings throughout the apartment that had not been removed, bags of trash, rotting food and, most disturbingly, syringes and pills left on surfaces. Although it is unclear whether these were prescription drugs or recreational drugs, the tenants had a young child living with them and found it potentially dangerous. The property had not been cleaned, there were damaged items and signs of damp on one wall.

The investigation by the Property Ombudsman found that the letting agent sent an email to the landlord asking them to view the property before the tenants moved in, but received no response and the agent did not had not followed up on this matter.

As a rental agent, it is essential to ensure that a rental property is in a suitable condition for tenants.

The leasing agent said the landlord took responsibility for arranging the property’s cleaning, inventory and check-in process, even though none of this took place. As a rental agent, it is essential to ensure that a rental property is in a suitable condition for tenants. In this case, the arbitration concluded that the agents failed to provide tenants with service consistent with fairness, integrity and best practices.

1: The agent did not ensure that the owner respected his obligations

Although landlords are legally responsible for the repair and maintenance of a rented property, if a letting agent manages the property, they have the responsibility to ensure that the landlord fulfills their contractual obligation.

Once the tenants found the property in poor condition, they immediately informed the letting agent, but this was not adequately conveyed to the landlord. Alternative accommodation was requested by the tenants but was not offered.

The arbitration determined that the leasing agent did not do enough to inform the landlord of the serious circumstances and condition of the property and upheld that portion of the complaint.

2: Poor complaints management

Tenants said they spent their entire short-term rental begging the rental agent to help them resolve their issues because they were unable to contact the landlord directly. Their complaints were escalated to several different team members, which meant there was no single point of contact and additional work for tenants who had to explain their issues multiple times.

Additionally, as the complainants were international tenants, the officers should have taken additional steps to assist them, but this was not done. The agent confirmed that communications could have been clearer.

Agents should exercise particular caution in certain circumstances, including when dealing with consumers who may be at a disadvantage due to factors such as lack of knowledge or not speaking English as a first language.

Result

The complaint was fully supported by the Property Ombudsman, particularly due to the agents’ failings, particularly where the tenants were vulnerable, being international tenants with a young child. Considerable distress was caused throughout the tenancy and the judgment therefore determined an award of compensation of £750.

The main lessons learned from this case:

– A letting agent must ensure that a property is in a suitable condition for tenants before moving in or signing a contract.

– A rental agent must promptly keep the landlord well informed of any issues with a rental property.

– A robust complaints handling process must be put in place and followed for each dispute.

– Special precautions and additional measures should be taken in cases where a tenant may be vulnerable due to factors such as age, infirmity, lack of knowledge, lack of language or numeracy skills, economic situation, their bereavement or not speaking English as their first language. .

Learn more about Ombudsman cases here.