UK Landlord Forum / Life

Hi, My name is Nicola.
I have been cheated by Barnard Marcus Estate agent. I agreed in my contract to have tenants for one year and eventually the contract could have been renewed. The agent took in advance the fee for two years and now after one year the tenants have decided to leave but the agent doesn't want to reimburse the fee that they took illegally in advance. Is there any one who can help me or give me leegal advise?

Nicola

Hi Nicola,

Did they actually take it "illegally"? Surely you must have paid them the money?

Did you agree to pay the 2 years? I'm assuming you have contracts/documents to specify how much they would take and why. Moreover, it seems odd that you're complaining about their illegal activity after a year- were you initially happy with the deal? Of course, I'm just thinking "out loud". I'm sure I'm only hearing half the story, so more details is required for better judgement.

In any case, if you feel you have been wrongly done by, refer to this page: http://www.barnardmarcus.co.uk/about-us/

It says on their website that they are Governed by "The Property Ombudsman"- they regulate the letting agent, and if the agent goes against their code of conduct, they can be penalised/prosecuted. So if I were you, I would lodge a complaint with them. Assuming you have a case, they should investigate the matter further.

My gut instinct tells me that they didn't take the 2 years fee illegally. However, they have acted extremely poorly by not returning that 2nd year fee since the tenants did vacate, so you may have a case there. Whether they acted illegally is another question (it depends on what you agreed to & signed). But again, like I said, I'm sure I only know half the story.

Oh, and I would try and work it out with them first.

Talk to the manager and tell him/her you're concerns (do it again if you have already done so). If they fail to compromise, then say you're going to lodge a complaint to the The Property Ombudsman. That "may" shake them and force them to be more helpful.

Quote from: sturduto on June 02, 2014, 07:02:40 PM
I agreed in my contract to have tenants for one year and eventually the contract could have been renewed. The agent took in advance the fee for two years

Why did you let them take 2 years fee's?  What contract did you sign.  The devil will be in the detail.