The complaint

Tenants who rented a flat in London complained to the Ombudsman about the property’s poor condition and how the letting agents had managed the property.

The complainants visited the UK from overseas and agreed to a 31-day let of the flat. When they moved in, they realised the property was in an unfit condition and stated the letting agency did not take the steps to remedy the issues nor did they make any effort to provide them with an alternative property.

The findings

An inspection of the property was not completed before the tenants moved in, had this been done the tenants argued the letting agent would have recognised the property was uninhabitable.

Photos showing personal belongings throughout the flat that had not been removed, bags of rubbish, decaying food and most concerning, syringes and pills left out on surfaces. Whilst it isn’t clear if these were prescription or recreational drugs, the tenants had a young child living with them and found this to be potentially dangerous. The property had not been cleaned, there were damaged items and signs of damp on a wall.

Through investigation by The Property Ombudsman, it was found that the letting agent had emailed the landlord asking to view the property before the tenants moved in but received no reply and the agent did not chase this up.

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

The letting agent stated the landlord had taken responsibility for arranging a clean of the property, the inventory and the check-in process, although none of these took place. As a letting agent, it is vital to ensure that a rental property is in a suitable condition for tenants. In this case, adjudication found the agents had not provided a service to tenants consistent with fairness, integrity and best practice.

1: Agent did not ensure landlord met their obligations

Although landlords are by law responsible for repairing and maintaining a rented property, if a letting agent manages the property, they have a responsibility to ensure the landlord is fulfilling their contractual obligation.

Once the tenants found the property in poor condition, they made the letting agent aware immediately, but this did not get sufficiently conveyed to the landlord. Alternative accommodation was requested by the tenants but not provided.

Adjudication determined the letting agent did not do enough to make the landlord aware of the serious circumstances and condition of the property and supported this part of the complaint.

2: Poor complaints handling

The tenants said they spent their whole short-term let pleading with the letting agent to assist with their issues as they were not able to contact the landlord directly. Their complaints were passed on to several different team members which meant there was no single point of contact and additional labour for the tenants in needing to explain their issues multiple times.

Additionally, the complainants being international tenants meant that the agents should have taken extra measures to assist them, but this was not done. The agent confirmed that communications could have been clearer.

Agents must take special care in certain circumstances, including when dealing with consumers who may be disadvantaged because of factors such as lack of knowledge or not speaking English as a first language.

Outcome

The complaint was fully supported by The Property Ombudsman, notably due to the shortcomings of the agents especially when the tenants were vulnerable, being international tenants with a young child. Considerable distress was caused throughout the full length of the tenancy and so adjudication determined an award of £750 in compensation.

The main lessons learned from this case:

– A letting agent should make sure a property is in a suitable condition for tenants prior to them moving in or signing an agreement.

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

– A robust complaint handling process should be in place and followed for every dispute.

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

Read more of The Ombudsman Files here.