Small Claims Court - Landlord
Discussion
Guys, Gals
Not Motoring related but in a situation with a terrible estate agency based in Southampton, I will try summarise as best I can below so wondering has anyone any advice on what to do.
1. Tenancy agreed with agency xyz – april 2016 to april 2017
2. Had many issues with allocated parking (2 PCNs written off by them in 2016)
3. Feb 2017 they arranged works on my parking bay and instructed the contractor to leave parking pole in down position so I could park when I got back from work
4. Parking pole left up, could not park car and parked outside of my bay – received ticket
5. Emailed agency what happened
6. Got response regretting what occurred from an employee/associate of the agency (same person who written off 2 x PCNs in 2016) – email said send over PCN for us to deal with
7. Received email saying PCN received
8. Forward to april 2017, got letter from parking company to pay, sent another email to agency saying to get it dealt with before I leave the place
9. No more comms, I departed
10. Checked into the apartment in November, had contact from new tenant to get mail left for me
11. Letter from parking company looking for £208 relating to this – I eventually paid as it was last letter before claim
12. Asked agency to deal with it, was a bit peeved at this stage and only got obnoxious rude replys from director, wasting time dealing with these people
13. Lodged small claims, agency appealed full cost saying it was between a different company and not his company and that my tenancy agreement was with a different company
Now, the last part is what I need assistance with, clearly this estate agents to me seems like he is passing blame to others (my tenancy agreement is the same as his current company, same phone nymber and address on his emails.
The person who crossed off previous PCNs and who never dealt with the PCN in issue seems to work directly for the estate agency (same main tel number and company on her email footer but different registered number)
The agency have openly admitted liability and should have dealth with this long ago, its not a huge amount but the director in particular is most unpleasant and never once queried the landlord for instance who wanted 100% of my deposit back (had to resort to the depost scheme to get my depost back, all of circa £900 minus a light bulb which I deduced myself)
Now the ball is at my court and I either leave it or use court hearing to decide/mediation (both parties need to agree to this and I doubt obnoxious director will agree)
Thoughts?
Not Motoring related but in a situation with a terrible estate agency based in Southampton, I will try summarise as best I can below so wondering has anyone any advice on what to do.
1. Tenancy agreed with agency xyz – april 2016 to april 2017
2. Had many issues with allocated parking (2 PCNs written off by them in 2016)
3. Feb 2017 they arranged works on my parking bay and instructed the contractor to leave parking pole in down position so I could park when I got back from work
4. Parking pole left up, could not park car and parked outside of my bay – received ticket
5. Emailed agency what happened
6. Got response regretting what occurred from an employee/associate of the agency (same person who written off 2 x PCNs in 2016) – email said send over PCN for us to deal with
7. Received email saying PCN received
8. Forward to april 2017, got letter from parking company to pay, sent another email to agency saying to get it dealt with before I leave the place
9. No more comms, I departed
10. Checked into the apartment in November, had contact from new tenant to get mail left for me
11. Letter from parking company looking for £208 relating to this – I eventually paid as it was last letter before claim
12. Asked agency to deal with it, was a bit peeved at this stage and only got obnoxious rude replys from director, wasting time dealing with these people
13. Lodged small claims, agency appealed full cost saying it was between a different company and not his company and that my tenancy agreement was with a different company
Now, the last part is what I need assistance with, clearly this estate agents to me seems like he is passing blame to others (my tenancy agreement is the same as his current company, same phone nymber and address on his emails.
The person who crossed off previous PCNs and who never dealt with the PCN in issue seems to work directly for the estate agency (same main tel number and company on her email footer but different registered number)
The agency have openly admitted liability and should have dealth with this long ago, its not a huge amount but the director in particular is most unpleasant and never once queried the landlord for instance who wanted 100% of my deposit back (had to resort to the depost scheme to get my depost back, all of circa £900 minus a light bulb which I deduced myself)
Now the ball is at my court and I either leave it or use court hearing to decide/mediation (both parties need to agree to this and I doubt obnoxious director will agree)
Thoughts?
Personally, if the claim is for £208 i'd leave it and put it down to experience. There are more important things in life.
It looks as though you need to re-issue the claim anyway, to a different registered company - their lettings division perhaps?
It looks as though it was a miscommunication between the agency and the contractors which caused you to have to park elsewhere.
If I was the agency director I'd be pretty pissed off if a tenant wanted to sue me over this.
It looks as though you need to re-issue the claim anyway, to a different registered company - their lettings division perhaps?
It looks as though it was a miscommunication between the agency and the contractors which caused you to have to park elsewhere.
If I was the agency director I'd be pretty pissed off if a tenant wanted to sue me over this.
Who is (or was) your tenancy agreement with? If it's an AST then it should be with the landlord, in which case then contact him/her (by letter if need be - they should have their address on the AST) and explain the situation, that the actions of their agent has cost you £208 and that you are looking to them to refund you.
If they decline or don't answer then proceed against them, citing the agent in the documentation you send to the court.
You don't have a tenancy agreement with the agency so it doesn't matter which company they think they are being today - that's beside the point.
If they decline or don't answer then proceed against them, citing the agent in the documentation you send to the court.
You don't have a tenancy agreement with the agency so it doesn't matter which company they think they are being today - that's beside the point.
The issue is not with the sum involved, moreso the terrible manners and behaviour of the (letting) agency - The person who wrote off previous PCNs I received in 2016 has the same address and tel number as the main agency but with additional wording about some contractors.
This individual works for the agency and promised to deal with this matter and they did not honour it, If I did not check my mail like I did I could have a huge court order against me or a massive fine this year because of their neglect.
Several emails show them saying to send on PCN for us to deal with it and regretting the incident occured as they had strict instructions to the contractor NOT to leave the parking pole upright - I parked elsewhere in the apartment block as I did not see why I should park on the main road when my contract with the agency says in the first paragraph I have a designated parking bay.
The agency has been terrible, the defence letter sent does not make sense as it clearly states my issue is with someone else and that my tenency agreement is with these people, this is BS as my tenenacy agreement is with the directors company (same address, post code, tel number) his emails have the same details as on my tenenacy agreement and its signed off by an associate of his company also.
This individual works for the agency and promised to deal with this matter and they did not honour it, If I did not check my mail like I did I could have a huge court order against me or a massive fine this year because of their neglect.
Several emails show them saying to send on PCN for us to deal with it and regretting the incident occured as they had strict instructions to the contractor NOT to leave the parking pole upright - I parked elsewhere in the apartment block as I did not see why I should park on the main road when my contract with the agency says in the first paragraph I have a designated parking bay.
The agency has been terrible, the defence letter sent does not make sense as it clearly states my issue is with someone else and that my tenency agreement is with these people, this is BS as my tenenacy agreement is with the directors company (same address, post code, tel number) his emails have the same details as on my tenenacy agreement and its signed off by an associate of his company also.
ericmcn said:
- I parked elsewhere in the apartment block as I am an idiot
FTFY There was a problem with a contractor so you decided to be stupid and park in a non designated place.
The issue with the parking place was the agents error. You parking in someone elses spot was your error.
You're an idiot.
OP. Not wishing to cause offence but looking at your previous posts it looks as though this sort of thing happens to you a lot.
You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
ericmcn said:
The issue is not with the sum involved, moreso the terrible manners and behaviour of the (letting) agency
In that case then you are on a hiding to nothing. What would you like? An apology? A bunch of flowers? Their firstborn child? Your choices are to either try and recover the money and then move on, or just to move on. As this is Pistonheads then I am sure someone will chip in with comments about sausages and lawns and possibly dominating their staircase, but this is the real world.
ericmcn said:
The agency has been terrible, the defence letter sent does not make sense as it clearly states my issue is with someone else and that my tenency agreement is with these people, this is BS as my tenenacy agreement is with the directors company (same address, post code, tel number) his emails have the same details as on my tenenacy agreement and its signed off by an associate of his company also.
What is the company registered number, that is the important bit, it needs to be identical.keirik said:
FTFY
There was a problem with a contractor so you decided to be stupid and park in a non designated place.
The issue with the parking place was the agents error. You parking in someone elses spot was your error.
You're an idiot.
you are just an idiot like the other brain dead morons sprouting shiite on this site ruining threads.There was a problem with a contractor so you decided to be stupid and park in a non designated place.
The issue with the parking place was the agents error. You parking in someone elses spot was your error.
You're an idiot.
I did not park on another persons bay
I left a note on my dash saying I am the owner of bay xyz and the pole is broken
the agency are just as bad as you - they tried to fleece me off almost £900 deposit but for the TDS
the agency cancelled 2 PCNs in 2016 due to them being brutal and not managing the parking spaces well
If you have nothing to contribute just shut your gob, all I see on PH lately is threads getting ruined by fools who should be doing school homework it seems.
Edited by ericmcn on Friday 26th January 18:50
2Btoo said:
Who is (or was) your tenancy agreement with? If it's an AST then it should be with the landlord, in which case then contact him/her (by letter if need be - they should have their address on the AST) and explain the situation, that the actions of their agent has cost you £208 and that you are looking to them to refund you.
If they decline or don't answer then proceed against them, citing the agent in the documentation you send to the court.
You don't have a tenancy agreement with the agency so it doesn't matter which company they think they are being today - that's beside the point.
interesting, my tenancy agreement is between myself and the agency in issue here (contrary to what the defendant/director of said agency is saying) - its in black and white, signed off by an associate or employee of said agency.If they decline or don't answer then proceed against them, citing the agent in the documentation you send to the court.
You don't have a tenancy agreement with the agency so it doesn't matter which company they think they are being today - that's beside the point.
I know nothing about the AST, Citizens advice said pay and try claim back from small claims as they also agreed i should not be liable for the fee in the first place.
The contract signed clearly states I have 1 designated bay and also the agency is responsible for any tenancy issues - like the previous parking tickets they cancelled, again this goes against the defence statement where director said there was no responsibility on his company to deal with this.
If that was the case why cancel the other 2 tickets and why was an employee of the agency (who works directly or indirectly with them) telling me that I should not pay the PCN and we will deal with it.
Director is a rude asshole and never once queried the landlord about why 100% of the deposit was required by LL, instead teling me he (LL) will use legal action to recover all the deposit.
Unlucky for him the previous agency who managed the property did annual check in reports which I had as proof the apartment was left in grade A condition, plus I took photos when I left.
He is a chancer, that is all
Edited by ericmcn on Tuesday 30th January 00:23
KevinCamaroSS said:
What is the company registered number, that is the important bit, it needs to be identical.
as mentioned, on contract the ageement between myself and said agency is the same company the defendant is with now.The defendant said in defence my issue is with lettings company XYZ and not his company - this is nonsense, I looked at all my tenancy agreement and its all signed off by directors company, no mention of lettings company XYZ.
He is just looking for ways to weasel out of this it seems.
fouronthefloor said:
OP. Not wishing to cause offence but looking at your previous posts it looks as though this sort of thing happens to you a lot.
You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
care to clarify? what sort of things happen a lot?You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
angry person? sure I am angry if some moron pulls out in front of me when they ought to give right of way in the same way I am angry if someone drives into the front of my car which costs me about £600 to put right
other than that I am so easy going I could be horizontal, you seem to be the type who go googling people and seeing what lurks beneath them - that behaviour can eat into people and make them sad tbh.
OP the letting agency has to belong to a redress body.
Make a formal complaint to them over this, the agency has to investigate it and follow a set complaints procedure. then if you are not happy with the result of that then write to the property ombudsman who will investigate free of charge. They can award penalties etc against the agency. All of what you have said sounds like they are pulling a fast one especially if its all one and the same people and you have emails etc to back up.
Make a formal complaint to them over this, the agency has to investigate it and follow a set complaints procedure. then if you are not happy with the result of that then write to the property ombudsman who will investigate free of charge. They can award penalties etc against the agency. All of what you have said sounds like they are pulling a fast one especially if its all one and the same people and you have emails etc to back up.
ericmcn said:
fouronthefloor said:
OP. Not wishing to cause offence but looking at your previous posts it looks as though this sort of thing happens to you a lot.
You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
care to clarify? what sort of things happen a lot?You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
angry person? sure I am angry if some moron pulls out in front of me when they ought to give right of way in the same way I am angry if someone drives into the front of my car which costs me about £600 to put right
other than that I am so easy going I could be horizontal, you seem to be the type who go googling people and seeing what lurks beneath them - that behaviour can eat into people and make them sad tbh.
fouronthefloor said:
ericmcn said:
fouronthefloor said:
OP. Not wishing to cause offence but looking at your previous posts it looks as though this sort of thing happens to you a lot.
You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
care to clarify? what sort of things happen a lot?You appear to be very angry person.
I used to be like that.
I can only guess that you are relatively young and you don't have important things to worry about.
If you did, then these issues would pale into insignificance.
If you let these little things get to you they'll eat you up from the inside and you'll end up very bitter.
I would be annoyed if someone said they were going to do something and they didn't.
Is it really worth it out of principle?
angry person? sure I am angry if some moron pulls out in front of me when they ought to give right of way in the same way I am angry if someone drives into the front of my car which costs me about £600 to put right
other than that I am so easy going I could be horizontal, you seem to be the type who go googling people and seeing what lurks beneath them - that behaviour can eat into people and make them sad tbh.
+1
superlightr said:
OP the letting agency has to belong to a redress body.
Make a formal complaint to them over this, the agency has to investigate it and follow a set complaints procedure. then if you are not happy with the result of that then write to the property ombudsman who will investigate free of charge. They can award penalties etc against the agency. All of what you have said sounds like they are pulling a fast one especially if its all one and the same people and you have emails etc to back up.
thanks, but Ombusdman were no help, they asked me to contact said ass hole director of agency.Make a formal complaint to them over this, the agency has to investigate it and follow a set complaints procedure. then if you are not happy with the result of that then write to the property ombudsman who will investigate free of charge. They can award penalties etc against the agency. All of what you have said sounds like they are pulling a fast one especially if its all one and the same people and you have emails etc to back up.
I am not going to die over a couple of hundred quid but feel gutted that these people can get away with this terrible management
Thank you for your letter and supporting documentation in respect of your complaint with XYZ Southampton City. I can confirm that the agent is a member of our Scheme for Residential Sales and Lettings; however they are not a member of our scheme for Block Management. If there was a separate Management Company who were responsible for the outside Parking then you may need to consider contacting them as any complaint in respect of Block Management or residential leasehold management would be outside the Ombudsman’s remit.
This Office would only consider a complaint in the context of determining whether the agent breached their obligations under the TPO Code of Practice for Residential Letting Agents, copy attached. The Ombudsman would not be able to get the parking fee refunded from a third party.
ericmcn said:
superlightr said:
OP the letting agency has to belong to a redress body.
Make a formal complaint to them over this, the agency has to investigate it and follow a set complaints procedure. then if you are not happy with the result of that then write to the property ombudsman who will investigate free of charge. They can award penalties etc against the agency. All of what you have said sounds like they are pulling a fast one especially if its all one and the same people and you have emails etc to back up.
thanks, but Ombusdman were no help, they asked me to contact said ass hole director of agency.Make a formal complaint to them over this, the agency has to investigate it and follow a set complaints procedure. then if you are not happy with the result of that then write to the property ombudsman who will investigate free of charge. They can award penalties etc against the agency. All of what you have said sounds like they are pulling a fast one especially if its all one and the same people and you have emails etc to back up.
I am not going to die over a couple of hundred quid but feel gutted that these people can get away with this terrible management
Thank you for your letter and supporting documentation in respect of your complaint with XYZ Southampton City. I can confirm that the agent is a member of our Scheme for Residential Sales and Lettings; however they are not a member of our scheme for Block Management. If there was a separate Management Company who were responsible for the outside Parking then you may need to consider contacting them as any complaint in respect of Block Management or residential leasehold management would be outside the Ombudsman’s remit.
This Office would only consider a complaint in the context of determining whether the agent breached their obligations under the TPO Code of Practice for Residential Letting Agents, copy attached. The Ombudsman would not be able to get the parking fee refunded from a third party.
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