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Ripped off by estate agent for £2,800. What should I do ?

Started by Bobbo, September 05, 2019, 10:57:05 AM

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Bobbo

Greetings fellow landlords.

I will try to keep this brief and to the point.

I let 1 property through Choices.

I signed a contract with them for rent commission of 8% in 2012.

I recently realised they had increased their rent commission twice to 10% then 12% without my knowledge or agreement.

This amounts to an extra £2,800 ( approx ) of rent commission.

I can't see anywhere in the contract where they can increase their rent commission without my agreement.

I have spoken to the Property Ombudsman and they asked me to fill in more forms and wait 3-7 months for their complaint procedure. They can only offer me compensation for 'bad service' for the last 12 months if my complaint is successful ! They won't consider or read the contract I signed. So the overpaid commission won't be considered.

What should I do now ?

I am considering a county court action against Choices ( cost £185 ) but I would like someone to tell me if I have a chance of success. This means someone legally trained reading the contract.

Once I start the court action the Property Ombudsman will drop my case.

Can anyone recommend a solicitor. I have been advised about the Which Magazine service that isn't free.

I could use the Law Society web site to find a solicitor.

Should I just submit my own county court claim ?

All advice is appreciated.

Simon Pambin

I'd forget it: it's no worth the hassle for a couple of grand. Did you not notice a change in the amount going into your bank on a monthly basis?

Bobbo

They take their commission in one lump at the start of the year. The rental value changed and I didn't recheck it. I assumed they couldn't just take more without my agreement. I thought the contract was solid.  I did check the commission the first couple of years and it hadn't changed. When it finally went up to 12% I noticed.

In hindsight it was pretty negligent of me.

Surely this is worth a punt in a county court. Why would I not win this ?

All responses welcome.

Hippogriff

Quote from: Bobbo on September 05, 2019, 12:56:56 PMIn hindsight it was pretty negligent of me.

It's this.

The industry is full of sharp practices and sharks... you need to be on the ball to avoid being taken for a ride. I would also consider it a learning exercise on your part. It may be worth a punt, you may get satisfaction, it may also expend a load of effort on your part and get you nowhere. Eyes open.

Bobbo

I'm kind of looking forward to the battle. Plus this is a new experience for me. Stay tuned.