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Non paying tenant 8 mths & Spicerhaart RLP insur still not paid out and eviction

Started by ashleighash1, February 24, 2022, 03:52:17 AM

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ashleighash1

Has anyone got any idea how I can get this mess resolved?

I am a currently a client of Spicerhaart. Originally Brian holt estate agents successfully managed three of my rental properties for a number of years before it was acquired by Spicerhaart in Coventry.
XXXXX road £xxx.00 rent per month managed by BrianHolt (Spicerhaart) since 2014
XXXXXXXXlane £xxx.00 rent per month managed by BrianHolt (Spicerhaart) since 2016
XXXXXXXXAve £xxx.00 rent per month managed by Spicerhaart since 2020

this is my journey with Spicer Haart
I have a number of issues I would be grateful if you could look at and possibly resolve. my first issue was being charged for services I did not want and had not asked for. Namely £120 for an annual tax report. I was not notified of this charge and it is only when I spotted this on my rental statement that I complained to Rishi at the Coventry branch. Who apologised? and said he would make sure it did not happen again. Subsequently I was then charged £120 for an annual tax report for my other two properties. This was also refunded back to me when I queried it.

The tenancy at green lane came to an end after six years. Over the next two-month period I updated the decor, fixtures and fittings spending in excess of £1000 to return it to a rentable state. commissioning two new electrical safety reports at a cost of £180.00 each for this property and also one for Villa Road. Rishi of the Coventry office got in touch to inform me that the electrician I had used to carry out the electrical safety certs had incorrectly put them on the wrong certificate, and so they would need recertifying at a further cost of £175.00 each. As the new tenant of green lane was due to move in in less than a week, I agreed for Rishi to use one of haarts contractors instead. Whilst the contractor was at the property, he rang me up informing me there were code violations. I was suspicious of these new code violations identified as they had not been picked up by the qualified electrician I had just employed and paid £360 to carry out ECIR's at both properties. I said to him" I can't write you a blank cheque, I'm going to need an approx. price" The contactor said it would be around £180, but that he would contact me if it was any different. So, I agreed, the contractor did ring me up to confirm that it was all completed. and I assumed the price of £180.00 was all in. This is where I got confused as I was also charged £635 for code violations during the same period and for the same property previously advised to me via email that I had forgotten about. Meaning that not only had I received no rent for the previous two months whilst updating the property. and also, being liable for two months council tax at approx. £260.00. For the following two months I only received a partial payment due to these charges listed below. As you can see there is also a charge on there for £120 for an income and expenditure report I was assured I would not be charged for again. There is also the upcoming management fee and rent and legal insurance charge due on the next month's charges which is not listed, which comes to another £125.17. As you can imagine I was not best pleased.


I was then informed by Rishi that the same electrician supplied by Haart for the property on green lane was now completing the EIRC at villa road and coincidentally AGAIN there were code violations. I asked the electrician who I originally contracted to carry out the original EIRC's if he would come back and have a look. But he was reluctant to and said that even if he rectified these current code violations, he couldn't guarantee Haarts electrical contractor would accept them and I could end up paying twice.

In January 2020 I asked Scott Flegg currently a former employee of Haart lettings to issue a section 21 notice to the tenant of Fenside avenue. and it was to run concurrent with the tenancy as I did not want to extend past the natural end of the 12-month term. This request was not actioned. The tenant then stopped paying rent, but I was not overly concerned as I had taken out a RLP insurance through Haart, to as Rishi put it "to give me peace of mind" in that it would cover the rental payments in the event of a non-paying tenant. She stopped paying rent for three months. I never received a payment from this insurance product Haart sold me. instead, I was left to struggle on. At first, I was told I would have to wait an initial 32 days before a claim could be submitted. I was then told by Rishi that they required further information, but that there was a five day turn around. After nearly three months I was then told that because of Covid there was a six month back log. But they had witnessed much faster turn arounds. I never received a payment during those three months of non-payment. The tenant then caught up with her rent.

In July 2021 which was within one month of catching up with her rent she fell back into arrears. I was then informed by Rishi or Patricia after my enquiry about the RLP insurance and whether the claim would have to start again, that the claim would not have to begin again fresh. It would reopen and continue from there. I was also told that because of the claim history. My case would be fast tracked.

Fast forward a couple of months to October 2021. I am still chasing Haart for a resolution on the RLP claim as I've still received no money from this insurance and also the state of the eviction of the tenant of fenside avenue as it's been four months since she has paid any rent. It was at this point I was informed by Rachel Morton (Property management manager) That a payment was imminent. That never came to fruition.

fast forward to December 2021 it's now been six months since the tenant has paid rent and I've still not received any payment from the RLP insurance. and all I'm being informed of by Haart is there is no update. and I'm only being told that after badgering and emailing constantly for an update. I am then told by Patricia that the tenant is due in court in February 2022 for the eviction. When I ask for the date of the hearing I am ignored, or not answered.

It is now February 2021 eight months since the tenant paid any rent. I still have not received any money from this policy. I am told by Patricia that Haart are chasing it, but forgive me if I do not believe them anymore. and that there is no update. As for the eviction hearing I have asked repeatedly for a date of the hearing as we would like to attend. No one from Haart has responded to that request. I have repeatedly asked Patricia for a meeting. I even tried to secure one for a Friday with her via email. To which she replied We do not have a meeting scheduled. and it is the end of the month and I am very busy with new tenancies and inventories so will not be available.

I have been repeatedly told whenever I've enquired about the eviction that they are waiting for the insurance to get back to them, and that they have no further updates. It does not take, and should not take eight months to get to the stage of the eviction we are at. (Which is to of only served a section 8 notice, with no court date) I find it incredulous that Haart lettings have not managed this RLP insurance claim, the eviction and also the management of my property. I have been in touch with Barbon insurance who own Homelet who supplied the RLP insurance Rishi sold me. They have confirmed that a section 8 notice was issued in December and that no proceedings for eviction have been initiated yet. So Haart lettings lied to me saying the tenant was due in court this February for eviction. I've also spoken to ATLB solicitors 03303337185 who are handling the eviction. They have confirmed that they have not even been instructed yet about the eviction. The last instruction they had was back in December 2021 for the section 8 notice.

I am not happy that I feel I am always the one having to initiate contact with Haart lettings to get an update, the rest of the time I'm being ignored, and I feel like that because they regularly do not reply to my emails. As for phone calls, I have a long-documented list of ringing the Coventry lettings team. who most of the time do not answer and it's picked up by your concierge team. who take a message. There is no point having a concierge team if the person they contact on your behalf does not get back to you.

I do not understand why the section 8 notice was served in December and not served back in October once the tenant was in 8 weeks of arrears?? why wait to December? and why after the tenancy came to an end in July 2021 did Haart extend the tenancy to October 2021. Is that because Haart have been negligent in serving the correct notices at the appropriate time? thereby avoiding these lengthy delays I'm facing now.

I currently have two Resolver complaints against Haart due to some of the issues listed above. One of those complaints I have received a final viewpoint, and accepted a refund offer of the exit fees I paid Haart in order to remove Haart lettings from management of those properties. which was £2064.00. I never would have had to of moved my properties or pay the exit fee of £2064.00 if Haart lettings had managed my portfolio properly in the first place, The way I feel Haart has mismanaged the eviction of fenside avenue and not being able to secure payment from the RLP insurance has left myself and my partner close to financial ruin. we just want these issues finally resolved.

Between the tenant not paying, a RLP insurance claim which is not paying out and the continued bad management by Spicerhaart of my property at this rate I will lose this house and I just don't think it's fair.  I have had to open up two formal complaints to spicerhaart through the resolver platform. A complaint to Barbon insurance who own Homelet, the RLP insurance policy on the resolver platform. And I feel it's getting me nowhere. I've also complained to the following people at Spicerhaart headoffice. In their emails I have explained this issue more fully

Paul Smith - Chief executive officer
Antony Lark – Senior managing director
Sat Basi – Lettings director

heavykarma

Your question is very long and too complicated for most people to bother reading.It only caught my attention because I was with Holte's for some years with full management.I was very unhappy with the numerous cock-ups and poor communication.They tried to impose a big fee when I told them I was ending the contract.I made it plain I would contest it (debt collectors were mentioned)Long story short,ticked the boxes for their complaints procedure,and they stopped it.Even then,they continued sending demands for rent from the tenant,who was by then paying me directly.They are usleess. Try the Ombudsdman,it is not much use but it can be a lever. There were some complaints on Trustpilot about  Spicer Haart recently,including the local branches. 

Hippogriff

I read it.

It seems like there are historic issues that have already been resolved, for sure. But some outstanding issues relating to insurance that's supposed to pay out for non-payment of rent and an eviction which may or may not be in process.

You are being taken for a ride. You are being bilked, conned, treated with contempt. I know you can see this, I don't need to point it out.

You should find out - either by reading documents or speaking to the people involved - whatever it is you need to do to break all contact with these parties and take a deep breath to reset. There is so much going on here that it made my head spin, no wonder yours is spinning.

Letting Agents are universally useless. They do not care about you as you might expect a service provider might care about their customers. If you have that notion remaining (which I doubt you do) then erase it now. You are only a mark for them. They want your money in exchange for as little work and hassle as possible. Why you are still using a Letting Agent after having properties for many years, and some well-established Tenants, is actually beyond me - you should've extricated yourself from this torture years and years ago. And that is what you should do now.

Strangers on a forum cannot advise you how you go about that... we have no idea what Terms of Business you've signed your name to. All I can suggest is that if you're being treated like this now, why would anyone expect the future to be different? They have identified you as small-fry, the weakest of the herd, and they are actually abusing you. No matter how much you might chase, request meetings, escalate, complain - will it matter? You're no threat to them. Your business might even be more than it's worth, to them, so they're just taking what they can from you, until the day they finally cannot.

Don't expect conscientiousness from Agents. Don't expect competence from Agents. Don't expect anything but prevarication and outright lies. Do whatever you can to rid yourself of their involvement and reset everything. While you might need to take a bath on some things - you'll learn in the long-run.

Nobody buys these rent guarantee policies any more, do they? They're all designed to have so many clauses that allow the insurance to avoid paying-out, aren't they? The Agent has upsold you craftily, it seems. Just another example of how they see you as a gullible mark.

I would probably attempt to unilaterally terminate all agreements and see what they do... it'll certainly get their attention.
Prior to doing that you'd need to make sure all future rent is paid directly to you and not them... if you can't do it then you're going to remain weak.
Prior to doing that you'd need to get your head around your Deposit situation, and be aware of tricks the Agent might pull if they control them.

The Agent is only interested in your money, and money talks.

Well done on being helpful to others as a cautionary tale as to how to not operate in the PRS.

HandyMan

@ashleighash1
I sympathise with you. It sound like an awful situation to be in.

Quote from: Hippogriff on February 24, 2022, 10:25:59 AM
I would probably attempt to unilaterally terminate all agreements and see what they do... it'll certainly get their attention.

It might work.

I managed to terminate the services of an agent without any penalty to me on the basis of a series of errors that they were making. It took persistence and clear communication by me of what they had done wrong and what I wanted them to do about it.

You might find some help in this article: https://landlordlawblog.co.uk/2022/02/23/my-agency-agreement-wont-let-me-terminate-my-contract/

@ashleighash1, you will, however, have to write emails that are more brief and to the point than your original post.