0:00:02 > 0:00:05I'm Dominic Littlewood and I'm here to champion your consumer rights.
0:00:05 > 0:00:08We'd like to try and sort that out and see
0:00:08 > 0:00:11if we can initiate that refund and get that done for her.
0:00:11 > 0:00:13Any problem, no matter how big or small,
0:00:13 > 0:00:15I'll help you get the service you deserve.
0:00:15 > 0:00:19Well, I think she's going to be very happy with that, so thanks ever so much for your help.
0:00:19 > 0:00:21Whether it involves getting your money back...
0:00:21 > 0:00:24They kept sending bills and they were going up and up
0:00:24 > 0:00:26and I was becoming terrified.
0:00:26 > 0:00:28..or taking on your contract conundrums...
0:00:28 > 0:00:31They had pulled the wool over our eyes so many times,
0:00:31 > 0:00:34at that point we were just exhausted.
0:00:34 > 0:00:35..I'm on the case.
0:00:37 > 0:00:40Today I help both landlord and tenant try
0:00:40 > 0:00:42and resolve their estate agent woes.
0:00:42 > 0:00:43I couldn't find any terms
0:00:43 > 0:00:46and conditions in Pamela's files. I couldn't find an invoice
0:00:46 > 0:00:50from them at all and there was nothing really in the files.
0:00:50 > 0:00:55Our landlord said that we hadn't been giving rent.
0:00:55 > 0:01:00When he tried to get hold of the estate agent, the estate agent wasn't answering his calls.
0:01:00 > 0:01:03Plus what every car owner needs to know about protecting
0:01:03 > 0:01:05their four-wheeled friends.
0:01:05 > 0:01:08Ask for a price and what they are going to do first and
0:01:08 > 0:01:12if it does need any work, make sure they get permission for the repair.
0:01:12 > 0:01:17And the dangers of signing up to something online without even realising.
0:01:17 > 0:01:19I saw a payment had gone out to a company that I'd never
0:01:19 > 0:01:23heard of before for an amount that seemed a bit odd. I rang the bank
0:01:23 > 0:01:26and asked them how my details had been passed on to this company
0:01:26 > 0:01:29and how they had access to take £10 a month from my account.
0:01:29 > 0:01:33I'm taking on your consumer problems to make sure you don't get done!
0:01:38 > 0:01:41Chances are, all of us will have had to deal with an estate agent
0:01:41 > 0:01:42at some point in our lives
0:01:42 > 0:01:45but they're not all about buying and selling.
0:01:45 > 0:01:49The rental market in the UK is massive and sometimes estate agents
0:01:49 > 0:01:53can offer that vital link between landlord and tenant.
0:01:53 > 0:01:56But if my inbox is anything to go by, that process isn't always
0:01:56 > 0:01:58as smooth as it should be.
0:02:00 > 0:02:01Wendy Elliot lives in Sussex
0:02:01 > 0:02:04and has spent the last few months trying to help her
0:02:04 > 0:02:09mother-in-law Pamela resolve a dispute with her estate agent.
0:02:09 > 0:02:12I didn't really know where to start.
0:02:12 > 0:02:15They wouldn't reply to my e-mails, they wouldn't reply to my letters.
0:02:15 > 0:02:18Wendy and husband Simon live next door to his
0:02:18 > 0:02:21mum Pamela on a farm that's been in the family for years.
0:02:23 > 0:02:25Got about 20 acres down here.
0:02:25 > 0:02:28This is Pamela and John's house
0:02:28 > 0:02:31and we're right next door, so she can nip across any time she likes.
0:02:33 > 0:02:36But these aren't the only properties in the family.
0:02:36 > 0:02:41Since 2000, Pamela has owned a small rental house.
0:02:41 > 0:02:46Pamela inherited some money and as an investment, she bought
0:02:46 > 0:02:50a little property five minutes from here and that's her income.
0:02:51 > 0:02:53As well as being a useful nest egg,
0:02:53 > 0:02:57the rental property has been a good project for Pamela.
0:02:57 > 0:02:59Pamela has always looked after the property herself.
0:02:59 > 0:03:02I've never had anything to do with it.
0:03:02 > 0:03:04But late last year, all that changed
0:03:04 > 0:03:07when Pamela fell ill with what turned out to be a brain tumour.
0:03:08 > 0:03:11Wendy stepped in to help manage her affairs
0:03:11 > 0:03:14and soon realised all was not right with her rental property.
0:03:17 > 0:03:20I was going through Pamela's accounts for her
0:03:20 > 0:03:23and I realised that no monies had come in.
0:03:23 > 0:03:27And been through her bank statement, couldn't find any income at all.
0:03:27 > 0:03:32This seemed strange to Wendy because since October 2013, Pamela's
0:03:32 > 0:03:37property had been managed by local estate agent Kimber Estates.
0:03:37 > 0:03:39The idea was that they were going to fully manage it,
0:03:39 > 0:03:42collect the rent, do all the maintenance work, and just
0:03:42 > 0:03:46literally take everything off her hands, and that's what was agreed.
0:03:46 > 0:03:50Pamela had already dealt with Kimber in May 2013
0:03:50 > 0:03:53when she'd found a new tenant and had paid them to draw up
0:03:53 > 0:03:58a tenancy agreement, organise an inventory and handle the deposit.
0:03:58 > 0:04:02But as Wendy dug deeper, she found she was missing things.
0:04:02 > 0:04:06I couldn't find any terms and conditions in Pamela's files, I couldn't find an invoice
0:04:06 > 0:04:11from them at all and there was nothing really in the files.
0:04:11 > 0:04:13Wendy got on the phone and spoke to the boss.
0:04:14 > 0:04:17Mr Kimber was charming on the phone.
0:04:17 > 0:04:21He told me that he was fully managing the property.
0:04:21 > 0:04:24In fact, he reiterated that he was going to
0:04:24 > 0:04:26take 15% of the monthly rental income
0:04:26 > 0:04:30and that he was fully in control and he was managing the properties.
0:04:33 > 0:04:37Wendy requested some key pieces of information about the property
0:04:37 > 0:04:40including the whereabouts of Pamela's rental income.
0:04:40 > 0:04:44This is the follow up e-mail that I made after I'd spoken to
0:04:44 > 0:04:47Mr Kimber on the phone, just outlining all the information
0:04:47 > 0:04:51that I wanted from him - the invoice, the terms and conditions,
0:04:51 > 0:04:53the contract, the invoice of the rent received, the list of any
0:04:53 > 0:04:57outstanding works and timescales of completion, check the balance
0:04:57 > 0:05:00of the works and confirmation that the gas boiler certificate
0:05:00 > 0:05:01had been done.
0:05:01 > 0:05:04Wendy was told they would get together all the documents
0:05:04 > 0:05:06and she could pop in the next day to collect them.
0:05:06 > 0:05:09He just said that he would leave it for me and he'd leave it
0:05:09 > 0:05:12with his secretary, which he did.
0:05:12 > 0:05:14But when she opened the envelope, all it contained was
0:05:14 > 0:05:17the inventory and the original invoice.
0:05:17 > 0:05:22I spoke to the secretary and said, "Oh, I was expecting a lot more than this in the envelope,"
0:05:22 > 0:05:27and I said, "Could you get hold of Mr Kimber on the phone for me?"
0:05:27 > 0:05:31and she wasn't able to do that. She said he wasn't contactable at the time.
0:05:31 > 0:05:36I then said, "Well, could you contact him and get him to contact me?" which he never did.
0:05:36 > 0:05:41This is what made us quite concerned as to if he's not giving us this information,
0:05:41 > 0:05:45which is the basic information that we've asked him for - what else hadn't been done?
0:05:45 > 0:05:48One of Wendy's questions to Kimber was whether some essential
0:05:48 > 0:05:50works had been carried out at the property.
0:05:50 > 0:05:53These included some plumbing repairs inside the house
0:05:53 > 0:05:57and fixing some unsafe brickwork and damaged fencing in the garden.
0:05:57 > 0:06:00But apart from one visit on Christmas Eve
0:06:00 > 0:06:01to try and fix the fence panel,
0:06:01 > 0:06:06it seemed these maintenance issues had not been properly addressed.
0:06:06 > 0:06:09The tenant had told us that she on a number of occasions
0:06:09 > 0:06:12had asked Kimber to "please get on with the works",
0:06:12 > 0:06:14and she wanted them done.
0:06:15 > 0:06:19The tenant had paid three months' rent totalling £2,700.
0:06:19 > 0:06:23Kimber Estates had been supposed to pay Pamela this rental income
0:06:23 > 0:06:27minus their fees on a monthly basis, so by now she should
0:06:27 > 0:06:32have received well over £2,000 but she hadn't been paid a penny.
0:06:32 > 0:06:33And that wasn't all.
0:06:34 > 0:06:37I also wanted to know where the deposit was.
0:06:37 > 0:06:43The tenant had put forward £1,350 in May the previous year,
0:06:43 > 0:06:46and we didn't know where it was. And I wanted him to confirm -
0:06:46 > 0:06:49where was it and was it in a secure deposit account?
0:06:49 > 0:06:53Wendy chased Kimber about the money and spoke to the owner's son.
0:06:54 > 0:06:58He told me that his father managed all of the finances
0:06:58 > 0:07:00and that he wasn't able to help me with that.
0:07:00 > 0:07:03He couldn't give me a reason why that we hadn't received the monies.
0:07:03 > 0:07:08He kept apologising, he was very charming and
0:07:08 > 0:07:11he couldn't believe that I was...that, you know,
0:07:11 > 0:07:15the situation had happened - but he was not able to help me in any way.
0:07:16 > 0:07:20She continued to request Pamela's rental income and confirmation
0:07:20 > 0:07:25of where the deposit was being held but so far has received neither.
0:07:25 > 0:07:28I didn't really know where to start to look to get the money,
0:07:28 > 0:07:31to be quite honest.
0:07:31 > 0:07:32So I thought, "What do I do?"
0:07:34 > 0:07:37So what she did was send yours truly an e-mail
0:07:37 > 0:07:40in the hope that I might be able to get Pamela's money back.
0:07:40 > 0:07:44It's Pamela's money and she needs it - it's her income,
0:07:44 > 0:07:46this is what she lives on.
0:07:46 > 0:07:48Wendy is one very concerned daughter-in-law
0:07:48 > 0:07:50and I can certainly understand why.
0:07:50 > 0:07:53My job is to try and work out what has gone on here
0:07:53 > 0:07:57and see if I can get Pamela back some of that money she's owed.
0:07:57 > 0:08:00Kimber Estates started up in Sussex in 2012
0:08:00 > 0:08:03and as managing agents, are there to help run things
0:08:03 > 0:08:06smoothly for both landlord and tenant.
0:08:06 > 0:08:09It's run by a family who have over 30 years' experience in estate
0:08:09 > 0:08:12agency and they offer property management services
0:08:12 > 0:08:17including 24-hour tenant support and regular on-site inspections
0:08:17 > 0:08:21as well as the monthly depositing of rent into landlords' accounts.
0:08:21 > 0:08:23So what happened in Pamela's case, then?
0:08:23 > 0:08:26Well, hopefully I'll soon find out, because I've dropped
0:08:26 > 0:08:30Kimber Estates a line and asked them to tell me their side of the story.
0:08:30 > 0:08:32Let's see what they say.
0:08:37 > 0:08:40If you break your arm, you'd expect the doctor to fix you up.
0:08:40 > 0:08:42Chip your tooth - a dentist.
0:08:42 > 0:08:46But what about when it comes to our goods - like for example, our beloved car?
0:08:46 > 0:08:49How do you know the mechanic is going to do a good job?
0:08:52 > 0:08:55We Brits love our cars but when it comes to getting them fixed,
0:08:55 > 0:08:57most of us turn to a mechanic for most things,
0:08:57 > 0:09:00from a minor service to a major repair.
0:09:01 > 0:09:04And that means we have to trust that the garage will do what
0:09:04 > 0:09:07they say they're going to do and whilst they should be competent
0:09:07 > 0:09:10and reputable, there are of course a few who aren't.
0:09:13 > 0:09:16Years ago I used an MOT station that would charge for things that
0:09:16 > 0:09:18wasn't being replaced.
0:09:18 > 0:09:22Some garages do say they've changed some things when they haven't.
0:09:22 > 0:09:24In my experience, I have seen that.
0:09:25 > 0:09:29William Guyett trains mechanics on how to carry out MOT tests
0:09:29 > 0:09:33and what he doesn't know about motors, you couldn't write on a stamp.
0:09:33 > 0:09:36We test everything, from a light bulb to suspension,
0:09:36 > 0:09:39braking systems, chassis components.
0:09:39 > 0:09:41We check and test everything.
0:09:42 > 0:09:45And there are common denominators that he looks for.
0:09:45 > 0:09:47On a suspension test or bounce test
0:09:47 > 0:09:50we're checking for condition of the shock absorber.
0:09:50 > 0:09:55We go to the corner, we bounce away and it should bounce once then settle.
0:09:56 > 0:09:58That's the correct bounce.
0:09:58 > 0:10:02What we're looking for on the handbrake - we follow the cable through
0:10:02 > 0:10:06and this one - I've pulled down to show you it's fraying.
0:10:06 > 0:10:08So there's fraying on the handbrake where it connects.
0:10:08 > 0:10:13One of the tyre checks we do is we check the tyre depth.
0:10:13 > 0:10:15The legal limit is 1.6.
0:10:15 > 0:10:19So we would check the depth across three quarters of the tyre.
0:10:19 > 0:10:21OK, here's a couple of shock absorbers on the bench.
0:10:21 > 0:10:26What we're looking for is if there's oil or dampness there -
0:10:26 > 0:10:27we know that there's a fault.
0:10:27 > 0:10:30Checking the spring - this one is nicely coated.
0:10:30 > 0:10:32This one has got rust on it.
0:10:32 > 0:10:36That could fracture and weaken, so we're looking for condition.
0:10:36 > 0:10:40That wouldn't be a fail - it would be a "pass and advise".
0:10:40 > 0:10:45So we'd advise the customer that there could be a fault occurring.
0:10:45 > 0:10:47Interesting stuff but if you're not a dedicated
0:10:47 > 0:10:48petrolhead like William,
0:10:48 > 0:10:51what can you do to make sure you don't get done?
0:10:52 > 0:10:56The only way you can protect yourself is get to know the mechanic
0:10:56 > 0:10:59that you're working...who's working on your vehicle.
0:10:59 > 0:11:01Now that doesn't mean you have to become best mates
0:11:01 > 0:11:03and buy him a birthday card every year,
0:11:03 > 0:11:06but before you employ any mechanic or garage it pays to do
0:11:06 > 0:11:10a bit of background research and find out what other people think.
0:11:10 > 0:11:15Ask the locals in the area - is this a reputable garage?
0:11:15 > 0:11:19Recommendation is the best form to choose a mechanic.
0:11:19 > 0:11:22I've worked on recommendation. I've never advertised.
0:11:22 > 0:11:25If it's a main agent, you know you're going to be fine.
0:11:25 > 0:11:28Their reputation is their lifeline.
0:11:29 > 0:11:32A common complaint I get is people telling me
0:11:32 > 0:11:35they were overcharged, so how can you avoid that?
0:11:35 > 0:11:38Ask for a price and what they're going to do first
0:11:38 > 0:11:42and if it does need any work, make sure they get permission for the repair
0:11:42 > 0:11:44and you're not taken for a ride.
0:11:44 > 0:11:47Right, so when you leave your car at the garage while they carry out
0:11:47 > 0:11:50the work, make sure they have your phone number, so they can
0:11:50 > 0:11:54contact you to let you know what needs doing and how much it's going to cost.
0:11:54 > 0:11:57But what about when the work's already been done?
0:11:57 > 0:12:00Is there any way you can check they've actually carried it out?
0:12:00 > 0:12:04Ask to see the old parts - can you take the parts home with you?
0:12:04 > 0:12:08If you have any concerns, you could also get a second opinion from another mechanic.
0:12:08 > 0:12:13And remember, if you're not a happy customer, make sure you complain.
0:12:13 > 0:12:17If a customer's taken a complaint back to where they've had the car repaired,
0:12:17 > 0:12:21if they take all their documentation,
0:12:21 > 0:12:24so they can lay it on the table, what's been done
0:12:24 > 0:12:27or what should have been done, that will help them immensely.
0:12:29 > 0:12:31So take stock of some of these insider's tips
0:12:31 > 0:12:33because that way, you won't get done.
0:12:39 > 0:12:423.8 million Brits live in privately-rented homes,
0:12:42 > 0:12:46many dealing with a managing agent to pay rent or if there's a problem.
0:12:46 > 0:12:48However, if you're the landlord, you pay agents
0:12:48 > 0:12:51to ensure everything is looked after.
0:12:51 > 0:12:54She engaged Kimber Estates to do the full management -
0:12:54 > 0:12:57collect the rent, do all the works
0:12:57 > 0:12:59and just literally take it all off her hands.
0:12:59 > 0:13:02Wendy's contacted me on behalf of mother-in-law Pamela who
0:13:02 > 0:13:05feels that neither she nor her tenant are getting the service
0:13:05 > 0:13:08they expect from their managing agent.
0:13:08 > 0:13:11Crucially, she is also owed three months' worth of rent
0:13:11 > 0:13:14and has no idea where her tenant's deposit is being held.
0:13:14 > 0:13:19The money is essential. It's what Pamela lives off - it's her income.
0:13:19 > 0:13:22We've already contacted Kimber to find out what's going on
0:13:22 > 0:13:24and they've been in touch.
0:13:24 > 0:13:28We've had an e-mail back from Kimber Estates and they have said they're going to look into things
0:13:28 > 0:13:30and get back to me within three working days.
0:13:30 > 0:13:33So it's a good start. Let's see what they come back with.
0:13:34 > 0:13:38But Pamela's story does raise some interesting issues for anyone
0:13:38 > 0:13:39with a property to rent.
0:13:39 > 0:13:44In the UK, there are over 1.5 million private landlords like Pamela
0:13:44 > 0:13:47and with interest rates at an all-time low, many people have
0:13:47 > 0:13:49invested in rental property
0:13:49 > 0:13:52to try and provide an income during retirement.
0:13:53 > 0:13:56I'll be looking at a tenant's point of view later,
0:13:56 > 0:13:59but if you decide to become a landlord, you need to know your
0:13:59 > 0:14:03rights and what you should expect from your estate agent.
0:14:03 > 0:14:07- Right, come on through, Tim. Let's make ourselves comfy. - Thank you very much.
0:14:07 > 0:14:10I'm hoping housing lawyer Tim Crook - yes, that is his name -
0:14:10 > 0:14:12can give me the lowdown.
0:14:12 > 0:14:15This is a growing sector and a growing industry,
0:14:15 > 0:14:18and people sometimes fall into it, inadvertently almost,
0:14:18 > 0:14:21sometimes to plug the gap of a pension
0:14:21 > 0:14:25or to resolve the non-sale of a property, perhaps.
0:14:25 > 0:14:28And there are some serious responsibilities that come
0:14:28 > 0:14:30with being a landlord.
0:14:30 > 0:14:33The administration puts an obligation onto a landlord to ensure their properties are safe.
0:14:33 > 0:14:37For instance, the obligation on a landlord to carry out
0:14:37 > 0:14:40gas safety checks in terms of the safety of the property.
0:14:40 > 0:14:44So the landlord needs to ensure that the agent acting for them,
0:14:44 > 0:14:49know and understand the obligations and that they carry them out.
0:14:49 > 0:14:54Because otherwise it is the landlord who could be held responsible
0:14:54 > 0:14:56for any failings that can happen.
0:14:56 > 0:14:59And those obligations don't end with safety.
0:14:59 > 0:15:01Because of problems there have been
0:15:01 > 0:15:05with the returning of deposits by landlords to tenants in the past,
0:15:05 > 0:15:08the law has been changed over recent years
0:15:08 > 0:15:13to make that process simpler and to cut out too much court involvement.
0:15:13 > 0:15:19A landlord has an obligation to register any deposit that the tenant gives.
0:15:19 > 0:15:23Now the landlord would rely upon the agent, probably,
0:15:23 > 0:15:28under the terms of the agency agreement to do that for them on their behalf.
0:15:28 > 0:15:30There are several Government-approved schemes
0:15:30 > 0:15:33like the Deposit Protection Service or DPS that will
0:15:33 > 0:15:37safeguard a deposit but one of Wendy's concerns is that Kimber
0:15:37 > 0:15:43Estates hasn't told Pamela where her tenant's £1,350 is being held.
0:15:43 > 0:15:46So how can the landlord - and, for that matter, the tenant -
0:15:46 > 0:15:50have 100% clarification that it is in an approved scheme?
0:15:50 > 0:15:55The tenant can expect and should get notification from the landlord or
0:15:55 > 0:16:00the agent within 30 days of paying the deposit that it has been registered
0:16:00 > 0:16:03and details about the scheme within which it's been registered.
0:16:03 > 0:16:05Every landlord will be aware of that.
0:16:05 > 0:16:10So all the landlord can really do is to chase the agent
0:16:10 > 0:16:14and request that it be done and they be given confirmation.
0:16:14 > 0:16:17And if Kimber Estates haven't registered the deposit?
0:16:17 > 0:16:20Unfortunately, Pamela is in the firing line and can be held
0:16:20 > 0:16:23responsible to the tenant for the return of the deposit,
0:16:23 > 0:16:27possibly a fine of up to three times the financial amount of the deposit.
0:16:27 > 0:16:30- Wow!- Yes, it is a big wow.
0:16:30 > 0:16:35Wow indeed! In Pamela's case that could mean a fine of over four grand. Ouch!
0:16:35 > 0:16:38Just to add a little bit to that is the fact that as the rent
0:16:38 > 0:16:40came in for quite a few months,
0:16:40 > 0:16:44that wasn't passed on to the lady who owns the property.
0:16:44 > 0:16:49The very basic part of an agent's job that's managing a tenancy which is to collect rent
0:16:49 > 0:16:52and pass that on to their principal, the landlord.
0:16:52 > 0:16:56Unsurprisingly, Pamela has every right to be concerned that she
0:16:56 > 0:16:58hasn't received her rent.
0:16:58 > 0:16:59This is NOT sounding good.
0:17:01 > 0:17:05I think in the case here, of Pamela and probably an awful
0:17:05 > 0:17:09lot of people who don't have a large portfolio, they automatically
0:17:09 > 0:17:11assume that because they're using a letting agents,
0:17:11 > 0:17:14and they supply this contract and receipts for the monies taken,
0:17:14 > 0:17:18that they're covered but from what you're saying, they're not. They are in the firing line.
0:17:18 > 0:17:22The landlord's the one who is going to end up with most of the problems if things go wrong.
0:17:22 > 0:17:25Yes, that's absolutely right.
0:17:25 > 0:17:29One of the issues is that letting agents are not regulated
0:17:29 > 0:17:32as rigidly as perhaps they need to be.
0:17:32 > 0:17:35The Office of Fair Trading has looked into this,
0:17:35 > 0:17:40and there was a consultation paper published at the end of 2013,
0:17:40 > 0:17:42which is currently being reviewed, to establish
0:17:42 > 0:17:47what framework there should be by which letting agents are regulated.
0:17:47 > 0:17:51And frankly, the sooner that happens, the better.
0:17:51 > 0:17:53You know what, Tim? I couldn't agree more.
0:17:57 > 0:17:59I tell you what came to light there for me,
0:17:59 > 0:18:02which was a little bit surprising, is that if you use a letting
0:18:02 > 0:18:07agency and they don't do their job properly, it's you - the landlord -
0:18:07 > 0:18:10that can be left holding the baby and ending up in a lot of trouble.
0:18:10 > 0:18:13So as far as Pamela's concerned - at the moment, she's on thin ice.
0:18:14 > 0:18:18I'm determined to help Pamela get both the rent she's owed
0:18:18 > 0:18:21and some answers about where her tenant's deposit is being held.
0:18:23 > 0:18:26But a situation like this can be just as stressful for a tenant
0:18:26 > 0:18:30as the landlord - as Emma and her fiance have discovered.
0:18:32 > 0:18:36They moved out of a rental property in Portsmouth in 2013
0:18:36 > 0:18:39having had a bad experience with their lettings agent.
0:18:40 > 0:18:44We had put all our faith in them
0:18:44 > 0:18:49and looking back, we should have researched them before signing on.
0:18:50 > 0:18:54In 2011, the couple were looking for a house to rent
0:18:54 > 0:18:59and found one they liked the look of through a local lettings company.
0:18:59 > 0:19:01It was south-facing. Three bedrooms.
0:19:02 > 0:19:05A nice big garden and a huge kind of garage
0:19:05 > 0:19:09at the back of the garden where we could store everything as well.
0:19:09 > 0:19:10The couple were smitten
0:19:10 > 0:19:14and agreed to rent the house for an initial six months.
0:19:14 > 0:19:16When we first signed the contract with the agency,
0:19:16 > 0:19:21we paid our deposit upfront - we paid one month's deposit
0:19:21 > 0:19:26and one month's rent at the same time, which we paid in cash.
0:19:26 > 0:19:29That deposit was £830 and they left it to
0:19:29 > 0:19:34their estate agents to place it in a Government-backed protection scheme.
0:19:34 > 0:19:37When we signed the contract, it very clearly states
0:19:37 > 0:19:40in the contract that it was going to be protected.
0:19:40 > 0:19:43They moved in and spent two happy years
0:19:43 > 0:19:46living at the property but in the summer of 2013,
0:19:46 > 0:19:49they got their first indications all was not right.
0:19:50 > 0:19:54We received a letter through the post, which had been hand-posted
0:19:54 > 0:20:00by our landlord, who had said that we haven't been giving rent.
0:20:00 > 0:20:01But as far as the couple were concerned,
0:20:01 > 0:20:04they HAD paid their rent and on time.
0:20:04 > 0:20:06So what was going on?
0:20:06 > 0:20:10Upon HIS investigation he found that we were paying ours
0:20:10 > 0:20:14every month on time - it was a problem with the estate agent.
0:20:14 > 0:20:17When he then tried to get hold of the estate agent,
0:20:17 > 0:20:22the estate agent wasn't answering his calls, wasn't able to be in contact.
0:20:22 > 0:20:24This was a worrying situation for both Emma
0:20:24 > 0:20:26and her landlord who were now
0:20:26 > 0:20:30concerned about the whereabouts of the deposit and the rent.
0:20:30 > 0:20:34Emma set about contacting the various deposit protection schemes.
0:20:34 > 0:20:36One of them told us outright
0:20:36 > 0:20:40that it wouldn't have being protected with them.
0:20:40 > 0:20:43The others then told me on the phone initially that they had no
0:20:43 > 0:20:46record of our deposit being protected with them, or had
0:20:46 > 0:20:51it ever been protected for that property since we had lived there.
0:20:51 > 0:20:54I then got e-mail confirmation of that.
0:20:56 > 0:20:58It was very worrying news,
0:20:58 > 0:21:02so Emma and her fiance decided to pay the agents a visit.
0:21:02 > 0:21:05We then said, "Hi, we're the tenants.
0:21:05 > 0:21:11"We've come because our deposit isn't protected." He then went,
0:21:11 > 0:21:13"Oh, I've just recently taken over.
0:21:13 > 0:21:15"I've got rid of some of my staff members.
0:21:15 > 0:21:17"I'm just dealing with a backlog of paperwork.
0:21:17 > 0:21:23"I'll contact you later to see about it", and then we never heard from him.
0:21:23 > 0:21:26The landlord was having the same problem as he tried to chase
0:21:26 > 0:21:27the rent he was owed.
0:21:27 > 0:21:30He even made a complaint to the local police and several
0:21:30 > 0:21:33weeks later, the firm did finally pay him the rent he was owed.
0:21:33 > 0:21:35But they wouldn't tell him
0:21:35 > 0:21:37which scheme the deposit was registered with.
0:21:37 > 0:21:40By now, Emma's circumstances had changed.
0:21:40 > 0:21:46I got a new job up here in Kent and my partner works up here
0:21:46 > 0:21:47so we moved out
0:21:47 > 0:21:51because we needed a new place near our old places of work.
0:21:51 > 0:21:54They gave notice to both the agent and the landlord
0:21:54 > 0:21:58and in September 2013 made preparations to leave.
0:21:58 > 0:22:01When we moved out of the property,
0:22:01 > 0:22:05we did the final check-out interview with the landlord.
0:22:05 > 0:22:09One of the things they discussed was a problem the couple had
0:22:09 > 0:22:10with the garage door.
0:22:10 > 0:22:12The complaints about the garage door were fair.
0:22:12 > 0:22:16The garage door was damaged, which I'd had to do one day,
0:22:16 > 0:22:19trying to get out of the garage to get to work.
0:22:19 > 0:22:23There had been problems with that garage door since we moved in.
0:22:23 > 0:22:26Emma had already flagged these problems to the agent
0:22:26 > 0:22:27but they hadn't fixed them
0:22:27 > 0:22:30and with her car now stuck in the garage, she phoned them again.
0:22:30 > 0:22:33I said, "I just need someone else to come and help me open the door.
0:22:33 > 0:22:35"I'm on my own! I'm late for work."
0:22:35 > 0:22:38They knew I was a nurse. They knew I was due on shift
0:22:38 > 0:22:40and they didn't send anyone.
0:22:40 > 0:22:43Emma used her car to push the door open
0:22:43 > 0:22:47and caused further damage - which she was now liable for.
0:22:47 > 0:22:49The landlord has since ended his contract with the agent
0:22:49 > 0:22:53and did manage to get the £830 deposit back.
0:22:53 > 0:22:56He tells us he is currently negotiating with the couple
0:22:56 > 0:22:59over the cost of repairs to the damaged door.
0:22:59 > 0:23:04Neither Emma nor her landlord should ever have been in this situation, though.
0:23:04 > 0:23:09I feel like I'm owed an apology from the estate agent, as he let us down.
0:23:09 > 0:23:14He could have done a lot more to run his business but he didn't
0:23:14 > 0:23:16and we've had to go through the landlord rather than him,
0:23:16 > 0:23:20which is the estate agent's problem, really.
0:23:20 > 0:23:23It's the estate agent's job, not the landlord's job.
0:23:23 > 0:23:25Thankfully, Emma's landlord seems very reasonable
0:23:25 > 0:23:29and has told us he hopes to resolve the garage-door situation soon.
0:23:29 > 0:23:31But what are a tenant's rights
0:23:31 > 0:23:34when it comes to getting their deposits back?
0:23:34 > 0:23:38If there's a small problem, the landlord can only seek
0:23:38 > 0:23:42payment for that problem if it is the tenant's responsibility.
0:23:42 > 0:23:47The landlord can't simply demand the whole of the deposit.
0:23:47 > 0:23:50And this is one of the reasons why deposit protection schemes
0:23:50 > 0:23:52are so important.
0:23:52 > 0:23:55The idea behind the deposit protection scheme
0:23:55 > 0:23:57is to safeguard deposits.
0:23:57 > 0:24:00If the landlord refuses to pay part of the deposit,
0:24:00 > 0:24:03or all of the deposit, and the deposit is in a scheme,
0:24:03 > 0:24:06as it must be, then the tenant can take them to arbitration
0:24:06 > 0:24:07through the deposit scheme
0:24:07 > 0:24:10and the landlord will have to provide evidence
0:24:10 > 0:24:13of exactly what it is that they are seeking to take the money for.
0:24:15 > 0:24:18And what else can tenants do to protect themselves?
0:24:20 > 0:24:23For tenants to avoid a dispute over the deposit, they should make
0:24:23 > 0:24:26sure that there is a clear, detailed inventory, preferably with
0:24:26 > 0:24:29photographs at the start of the tenancy, that there is a check-out
0:24:29 > 0:24:34at the end - again, clear, detailed, recording everything,
0:24:34 > 0:24:36and certainly for tenants,
0:24:36 > 0:24:38keep records and photographs through the tenancy as well.
0:24:40 > 0:24:43In Sussex, Pamela's tenant did exactly the right thing
0:24:43 > 0:24:46when she highlighted a list of things that she wanted addressed.
0:24:46 > 0:24:49Inside the house, these included a broken banister,
0:24:49 > 0:24:52a faulty light switch and some plumbing issues.
0:24:53 > 0:24:56There was a leak in one of the radiators,
0:24:56 > 0:24:59so there were some small minor building works to be done inside,
0:24:59 > 0:25:01but the major one was the outside
0:25:01 > 0:25:04where she couldn't even use her garden.
0:25:04 > 0:25:08Not least because her brick retaining wall's on the verge of collapse.
0:25:08 > 0:25:10She could only use the patio area in the back
0:25:10 > 0:25:13and they actually couldn't use the grass area at top
0:25:13 > 0:25:15because it was just unsafe.
0:25:15 > 0:25:19Kimber Estates were made aware of these issues in October, 2013.
0:25:19 > 0:25:22But almost four months later, Wendy and her husband visited
0:25:22 > 0:25:25the house and realised none of them had been sorted.
0:25:25 > 0:25:28At that point they decided enough was enough.
0:25:28 > 0:25:31So family decided that we would go down in the morning,
0:25:31 > 0:25:36disengage Kimber Estates and do the work ourselves.
0:25:37 > 0:25:40Wendy has now had all the work carried out on the property,
0:25:40 > 0:25:42so it's time for another visit.
0:25:42 > 0:25:47I'm now off to the property to meet the builder
0:25:47 > 0:25:50and to go through the work that he's completed
0:25:50 > 0:25:55and hopefully he'll show me around and show me what he's done.
0:25:55 > 0:25:59Within 48 hours of ending Pamela's contract with Kimber Estates,
0:25:59 > 0:26:02Wendy had found a builder called Rick,
0:26:02 > 0:26:04and since then, work seems to have progressed quickly.
0:26:06 > 0:26:11He's done the new fence panels in the garden and the brickwork
0:26:11 > 0:26:15and he's done bits of maintenance required.
0:26:15 > 0:26:19There are probably about five or six things on the list,
0:26:19 > 0:26:21and they were quite straightforward,
0:26:21 > 0:26:24and Rick just got on with them and just did them.
0:26:24 > 0:26:28All Wendy needs to do now is to make sure she's happy with the work.
0:26:28 > 0:26:30- Hi, Rick.- Hello, Wendy, you all right?
0:26:31 > 0:26:35The first thing we've done here is all these bricks were on
0:26:35 > 0:26:39the floor when we started, we've put them back together.
0:26:39 > 0:26:41Made the handrail through the top all as it was to match
0:26:41 > 0:26:44the existing to make it safe.
0:26:44 > 0:26:46There was no fencing there at all before.
0:26:46 > 0:26:48- They've got dogs as well.- Yes.
0:26:48 > 0:26:51And I think the neighbours have got dogs as well.
0:26:51 > 0:26:54So incidents where children going through an open fence there.
0:26:54 > 0:26:57- Clearly that needed to be rectified. - Yeah, looking good.
0:26:57 > 0:26:59- Just trying to match it as best as we can...- Well done.
0:26:59 > 0:27:02- ..and made it safe for everyone. - That's brilliant. Well done.
0:27:02 > 0:27:07- All good.- Shall we look at the stuff inside?- Yeah, let's go have a look. - Perfect. Excellent.
0:27:07 > 0:27:10In here, we sorted the taps out for the kitchen.
0:27:10 > 0:27:12Sorted some minor electrical problems out with the lights.
0:27:12 > 0:27:14The banister's been fixed.
0:27:14 > 0:27:16Couple of other little minor cosmetic things.
0:27:16 > 0:27:19Apart from that, it should be fit to go again.
0:27:19 > 0:27:23Rick's also been able to arrange a safety check for the boiler.
0:27:24 > 0:27:27Wendy, you have your gas safety certificate.
0:27:27 > 0:27:29Oh, fantastic. Thank you very much.
0:27:30 > 0:27:34How long did it actually take you to get all of it done?
0:27:34 > 0:27:36Well, realistically, all it took was about three days.
0:27:36 > 0:27:39We spend one day doing the garden work and the brickwork.
0:27:39 > 0:27:43And anther day and a half just in the house tinkering around, really.
0:27:43 > 0:27:45At the most, three days.
0:27:45 > 0:27:48And the boiler certificate et cetera.
0:27:48 > 0:27:50The property is now shipshape,
0:27:50 > 0:27:53and for the time being Wendy and her husband
0:27:53 > 0:27:57are planning to cut out any agents and manage it themselves.
0:27:57 > 0:28:00So what will that mean from a maintenance point of view?
0:28:00 > 0:28:04The best bit of advice is to stay in touch with your tenants.
0:28:04 > 0:28:07Any problems that arise from them should come direct to you,
0:28:07 > 0:28:09A constant communication stream.
0:28:09 > 0:28:11And reactive maintenance, really.
0:28:11 > 0:28:14I mean, theoretically, a property should run itself.
0:28:14 > 0:28:16Have you got any tips or recommendations
0:28:16 > 0:28:18that we should be doing on an annual basis?
0:28:18 > 0:28:21You need to get your gas safety check done.
0:28:21 > 0:28:24It's good practice to get an electrician round really
0:28:24 > 0:28:27just to sort of come and give you a visual inspection of the property,
0:28:27 > 0:28:30anything that's broken here or there.
0:28:30 > 0:28:32Generally, just keep in touch with your tenants and talk
0:28:32 > 0:28:36and, theoretically, everyone should be happy.
0:28:36 > 0:28:39Well, that's certainly good advice and Wendy is one happy chappy.
0:28:39 > 0:28:42I've had a look around the place and it's absolutely amazing.
0:28:42 > 0:28:47From what the tenant has said to me, she's pleased, that makes me happy
0:28:47 > 0:28:49and that's how it should be.
0:28:51 > 0:28:53But all this hassle could have been avoided
0:28:53 > 0:28:56if the work had been sorted by the managing agent.
0:28:56 > 0:28:59Hopefully we'll hear back form Kimber Estates soon
0:28:59 > 0:29:01and get some answers about where Pamela's rent
0:29:01 > 0:29:03and the tenant's deposit are being held.
0:29:13 > 0:29:16A free voucher! An exclusive offer! Ohh!
0:29:16 > 0:29:17A great deal.
0:29:17 > 0:29:21Isn't it amazing how we seem to sign up for these deals and offers
0:29:21 > 0:29:24when quite often we don't actually remember doing so.
0:29:24 > 0:29:25Delete.
0:29:26 > 0:29:28Delete.
0:29:28 > 0:29:30Delete.
0:29:33 > 0:29:36Anna Coutts lives in a picturesque Lancashire town
0:29:36 > 0:29:39where she runs both a toy shop and a tea room.
0:29:39 > 0:29:40How nice.
0:29:42 > 0:29:45With two businesses to look after, Anna, like millions of us,
0:29:45 > 0:29:49loves the convenience of internet shopping.
0:29:49 > 0:29:52I find that living in a rural location means that shopping online's
0:29:52 > 0:29:56really useful, it's far less time consuming, it's quicker,
0:29:56 > 0:30:00often it's a lot more choice than what we have available here.
0:30:00 > 0:30:01But last year,
0:30:01 > 0:30:05an experience of buying online left Anna feeling pig sick.
0:30:06 > 0:30:09I was looking online to buy some footwear.
0:30:09 > 0:30:13I was drawn to the Simply Be website because I Google searched boots or
0:30:13 > 0:30:17footwear of some sort and it was just within the search engine results.
0:30:18 > 0:30:23At Simply Be, you can dip into the ever changing world of fashion...
0:30:23 > 0:30:26Simply Be is a catalogue shopping firm
0:30:26 > 0:30:30and their glossy TV adverts promise enticing introductory offers.
0:30:30 > 0:30:32Anna was keen to have a browse.
0:30:32 > 0:30:35The first pop-up I saw on the Simply Be website just said,
0:30:35 > 0:30:38"You're a new customer and you automatically qualify for a 10% discount,"
0:30:38 > 0:30:41and I had to click the button that said, "Continue shopping."
0:30:41 > 0:30:42Happy days.
0:30:42 > 0:30:45Anna found what she was looking for, placed her order
0:30:45 > 0:30:46and got back to work.
0:30:47 > 0:30:50The goods arrived several days later and they were absolutely fine.
0:30:50 > 0:30:51As far as I was concerned,
0:30:51 > 0:30:54I had ordered the goods, I received them, I had paid for them,
0:30:54 > 0:30:57and unless I was going to make a future purchase from them,
0:30:57 > 0:31:00that was my involvement with them had come to an end.
0:31:00 > 0:31:01If only life was that simple.
0:31:03 > 0:31:05First time I noticed anything was a bit untoward was
0:31:05 > 0:31:08when I was checking my bank statements in January
0:31:08 > 0:31:10and I saw a payment had gone out to a company that
0:31:10 > 0:31:13I had never heard of before for an amount that seemed a bit odd.
0:31:13 > 0:31:15It was exactly £10, which was to me
0:31:15 > 0:31:19either a subscription fee or a membership fee or a one-off payment.
0:31:20 > 0:31:22What's going on?
0:31:22 > 0:31:25The name of the company that had taken the money out was
0:31:25 > 0:31:27shopperdisc.co.uk
0:31:27 > 0:31:29Not a name I recognised or knew about
0:31:29 > 0:31:33and not one I had recalled ever buying anything from.
0:31:33 > 0:31:34Anna investigated further.
0:31:34 > 0:31:37The first thing I did was I Googled shoppersdisc
0:31:37 > 0:31:40and was directed to a website, again not one that I had ever seen,
0:31:40 > 0:31:43or heard of before called Shopper Discounts And Rewards.
0:31:43 > 0:31:45The site had quite a lot of text, I had quite a lot to take in,
0:31:45 > 0:31:48but the general idea of it was that it was a discount club
0:31:48 > 0:31:50that people subscribed to
0:31:50 > 0:31:53and would be sent vouchers or offers to receive discounts
0:31:53 > 0:31:55from a number of companies in the UK.
0:31:56 > 0:32:00Shopper Discounts And Rewards is an online reward programme
0:32:00 > 0:32:03where members pay £10 a month to access discounts
0:32:03 > 0:32:07and cashback with over 650 popular retailers.
0:32:07 > 0:32:08All very well, trouble is,
0:32:08 > 0:32:11Anna didn't realise she had signed up with them.
0:32:11 > 0:32:14Once I had seen the Shopper Discounts And Rewards website
0:32:14 > 0:32:16and realised I didn't know who they were
0:32:16 > 0:32:17or what they were selling to me,
0:32:17 > 0:32:21I rang the bank and asked them how my details had been passed onto
0:32:21 > 0:32:24this company and how they had access to take £10 a month from my account?
0:32:27 > 0:32:30The bank weren't able to tell me how this purchase had been set up,
0:32:30 > 0:32:32they just said that it was,
0:32:32 > 0:32:35as a direct link from a purchase from a second company
0:32:35 > 0:32:38and I ought to look into where I bought something in the past.
0:32:38 > 0:32:41So she rang Shopper Discounts And Rewards
0:32:41 > 0:32:43and spoke to a member of their team.
0:32:43 > 0:32:47She said that their services were that of a membership scheme,
0:32:47 > 0:32:51to discounts for, she said, up to 800 companies in the UK.
0:32:51 > 0:32:55When I asked her how they'd come by my details, she said that it was
0:32:55 > 0:33:01after my purchase in September, 2013 with Simply Be.
0:33:01 > 0:33:03So when Anna had shopped for fancy footwear,
0:33:03 > 0:33:06it seemed she'd got more than she'd bargained for.
0:33:06 > 0:33:09The lady didn't really explain how I'd come to be signed up
0:33:09 > 0:33:12to their subscription, only that she said I must have checked
0:33:12 > 0:33:15a box to say that I wanted to be part of this particular scheme.
0:33:15 > 0:33:18And when I pointed out to her that I had no memory of this and it wasn't
0:33:18 > 0:33:22clear to me at all, she didn't seem to have any answers to that at all.
0:33:23 > 0:33:27It turned out there was a banner on the website which Anna clicked,
0:33:27 > 0:33:30mistakenly thinking it was part of Simply Be's offer.
0:33:30 > 0:33:32But it actually took her
0:33:32 > 0:33:34to Shopper Discounts and Rewards website
0:33:34 > 0:33:37where she entered her card details.
0:33:37 > 0:33:39I recall having to click something to say
0:33:39 > 0:33:41that I wanted the 10% discount offer.
0:33:41 > 0:33:45I recall it being a separate pop-up and I had to click to authorise
0:33:45 > 0:33:48that I wanted that 10% offer, so of course I did.
0:33:48 > 0:33:51What she didn't realise is that this offer from Simply Be
0:33:51 > 0:33:54was nothing to do with the banner she would have later seen
0:33:54 > 0:33:56from Shopper Discounts and Rewards.
0:33:56 > 0:34:00Even though she hadn't intended to, she had signed up and the company
0:34:00 > 0:34:02have said it would have been mentioned at least four times
0:34:02 > 0:34:07on their enrolment page that she was signing up to a membership scheme.
0:34:08 > 0:34:11I was aware at this point that Shopper Discounts and Rewards
0:34:11 > 0:34:14had taken £10 on two consecutive months, January and December,
0:34:14 > 0:34:17and it wasn't until the lady told me that actually they'd
0:34:17 > 0:34:20taken four months' worth and had taken £40 from my account in total.
0:34:20 > 0:34:23Annoyed that this had happened, Anna wanted to know
0:34:23 > 0:34:26if there was anything that could be done.
0:34:26 > 0:34:29I asked the lady for a refund and she explained that three payments
0:34:29 > 0:34:33could be returned to me within ten days via my bank account.
0:34:33 > 0:34:36But the fourth payment I would have to send off an application form
0:34:36 > 0:34:38that I would receive from them.
0:34:38 > 0:34:41As promised, Anna received her £30 refund
0:34:41 > 0:34:45and the company have also told her they will refund the remaining £10.
0:34:45 > 0:34:48But that's not her main concern.
0:34:48 > 0:34:50This isn't about the money at all,
0:34:50 > 0:34:52this is about the principle of the fact that a company had
0:34:52 > 0:34:55signed me up to a scheme that I didn't want to part of,
0:34:55 > 0:34:58didn't know anything about and certainly wouldn't have chosen to use.
0:34:58 > 0:35:02But of course, without realising it, Anna had signed herself up
0:35:02 > 0:35:04and it's been a tough lesson to learn.
0:35:04 > 0:35:08In future, if I'm shopping online, I will be very, very careful
0:35:08 > 0:35:10and very thorough about any offers that I accept.
0:35:10 > 0:35:12It's left me very sceptical and very cynical,
0:35:12 > 0:35:17and I think I will be sticking with the few internet shopping sites
0:35:17 > 0:35:18that I've used in the past
0:35:18 > 0:35:20and I won't be expanding and using any more.
0:35:21 > 0:35:25We contacted Shopper Discounts and Rewards and they said,
0:35:25 > 0:35:31"There is an initial 30-day free trial after which membership costs £10 a month.
0:35:31 > 0:35:34"The only way to sign up is through a clear, three-step process.
0:35:34 > 0:35:36"The monthly fee is clearly referenced
0:35:36 > 0:35:39"throughout our communications including at the top of the page
0:35:39 > 0:35:43"where people enter their credit or debit card details."
0:35:43 > 0:35:46They also say, "Our banner should not be confused
0:35:46 > 0:35:49"with other promotions the retailer may be running at the time,
0:35:49 > 0:35:54"in this case, a 10% discount on the first order with Simply Be."
0:35:54 > 0:35:57We also contacted Simply Be who told us that,
0:35:57 > 0:35:59"Like many other online retailers,
0:35:59 > 0:36:03"they allow discount firms to have pop-up banners on their websites."
0:36:03 > 0:36:05"But they do not pass on customer data."
0:36:05 > 0:36:08They think it "is clear to customers that they are signing up to
0:36:08 > 0:36:10"a separate web loyalty scheme."
0:36:11 > 0:36:15So, what can you do to avoid signing up to something without realising?
0:36:15 > 0:36:18Well, if you're offered a great discount on a website,
0:36:18 > 0:36:20check carefully whether there are any strings attached.
0:36:20 > 0:36:24Take the time to read any terms and conditions so that you can click
0:36:24 > 0:36:28with confidence. And if anything's not clear, give the company a call.
0:36:28 > 0:36:31And check your bank statements regularly. If there are any payments
0:36:31 > 0:36:34on there you don't recognise, investigate further!
0:36:36 > 0:36:38So beware of what you're ticking, or not,
0:36:38 > 0:36:41because you might end up with such a good deal after all!
0:36:43 > 0:36:45Anti-ageing cream? Me?!
0:36:50 > 0:36:55I've been contacted by two people having problems with letting agents.
0:36:55 > 0:36:58On the landlord's side of things is Pamela, who should have been paid
0:36:58 > 0:37:01more than £2,000 in rent from Kimber Estates
0:37:01 > 0:37:07and also has no idea where they are holding her tenant's £1,350 deposit.
0:37:07 > 0:37:11With Pamela suffering from a brain tumour, daughter-in-law Wendy
0:37:11 > 0:37:15has been trying to get answers from the firm, but with little success.
0:37:15 > 0:37:19And on the flip side is Emma, a tenant whose agent failed to tell
0:37:19 > 0:37:23either her or her landlord what they'd done with her deposit.
0:37:23 > 0:37:28When we found out our deposit wasn't protected, I was devastated.
0:37:29 > 0:37:34Just to believe that we'd had it protected and it was there,
0:37:34 > 0:37:37to find out that it wasn't, my heart sank.
0:37:38 > 0:37:40With a story like this there are three elements to take into
0:37:40 > 0:37:45consideration. There's the letting agent, the landlord and the tenant.
0:37:45 > 0:37:48Now of course the letting agent is supposed to make life easier
0:37:48 > 0:37:50for both landlord and tenant.
0:37:50 > 0:37:53But for Pamela and Emma, that hasn't been the case.
0:37:53 > 0:37:57We've made several attempts to contact Emma's Estate Agents
0:37:57 > 0:38:01to ask them why they didn't register her £830 deposit.
0:38:01 > 0:38:04But they have not responded to any of our e-mails or calls.
0:38:04 > 0:38:08We have, however, spoken to Emma's landlord, who feels equally let down
0:38:08 > 0:38:12by the agents he employed and has now ended his contract with them.
0:38:12 > 0:38:14Pamela's agent, however, has been in touch.
0:38:16 > 0:38:18We've had another e-mail from Kimber Estates
0:38:18 > 0:38:21and it makes for pretty interesting reading.
0:38:21 > 0:38:25Now they say they are deeply dissatisfied with the service
0:38:25 > 0:38:29received by Pamela and Wendy. And also proposing a solution,
0:38:29 > 0:38:32which is good news. They go on to say it was unusual for them
0:38:32 > 0:38:36to take on the management of a property where the tenant was already in place.
0:38:36 > 0:38:39And because of that, they bypassed some of their usual checks.
0:38:39 > 0:38:44But - and trust me, it's a big but - they have confirmed
0:38:44 > 0:38:47that the tenant's deposit was paid into their client account,
0:38:47 > 0:38:51not into a DPS, a deposit protection scheme.
0:38:51 > 0:38:54With the money in Kimber Estates' account and not in
0:38:54 > 0:38:58a Government-backed scheme, the deposit is not properly protected.
0:38:58 > 0:39:00But at least know we now know
0:39:00 > 0:39:03and Wendy will be able to get the deposit registered.
0:39:04 > 0:39:08And there's more news. So I've headed over to Sussex.
0:39:09 > 0:39:11Morning. You must be Wendy.
0:39:11 > 0:39:14And as luck would have it, I've arrived in time to meet Pamela.
0:39:14 > 0:39:16Hello there. Nice to meet you.
0:39:16 > 0:39:18- You've been out walking the dog, have you?- Yes.
0:39:18 > 0:39:21All right. I've been hearing about your problems with Kimber Estates.
0:39:21 > 0:39:23Oh, right, yes.
0:39:23 > 0:39:26You're lucky Wendy's been taking care of some of this for you, hasn't she?
0:39:26 > 0:39:28Absolutely, yes.
0:39:28 > 0:39:30That's what daughter-in-law's are for, isn't it?
0:39:30 > 0:39:33- That's exactly right. - Hey?- Exactly right.
0:39:33 > 0:39:36She's not very well-trained though, cos I haven't had a cup of tea yet.
0:39:36 > 0:39:41- Oh!- Sorry!- I'll address that one later on!
0:39:41 > 0:39:43- All right, OK. - Lovely meeting you.- Yes.
0:39:43 > 0:39:44Pamela, all the best.
0:39:46 > 0:39:49Cuppa or no cuppa, I'm keen to hear Wendy's take on the situation.
0:39:49 > 0:39:52At what point did it start going wrong?
0:39:52 > 0:39:54Well, I obviously can only pick up from where
0:39:54 > 0:39:57I went to help Pamela with her affairs.
0:39:57 > 0:40:01And I initially phoned them and said can you give me a copy
0:40:01 > 0:40:04of the tenancy agreement, cos there was nothing on Pamela's files.
0:40:04 > 0:40:07I wanted to know had the maintenance been done.
0:40:07 > 0:40:10Apart from one visit to attempt to repair a broken fence panel,
0:40:10 > 0:40:13it has seems that Kimber Estates didn't carry out the works
0:40:13 > 0:40:15requested by the tenant
0:40:15 > 0:40:17and in an e-mail to me they have explained why.
0:40:17 > 0:40:20"In October, our management team were asked to deal with a series
0:40:20 > 0:40:23"of minor repairs, but it took several weeks for the tenants
0:40:23 > 0:40:27"to agree to an appointment time, around the end of November,
0:40:27 > 0:40:29"for a tradesperson to visit the property."
0:40:29 > 0:40:33Pamela's tenant doesn't agree and feels she was the one chasing them.
0:40:33 > 0:40:36But either way, no-one disputes the work wasn't done.
0:40:36 > 0:40:39Kimber Estates have also said that from late December,
0:40:39 > 0:40:42their management team were flat out dealing with properties
0:40:42 > 0:40:43damaged by storms.
0:40:43 > 0:40:46"While this does not excuse the trouble experienced by Mrs Elliott,
0:40:46 > 0:40:49"it does explain why we simply have not had the manpower
0:40:49 > 0:40:51"to handle everything to our usual standard."
0:40:51 > 0:40:54Whatever the reasons, Wendy and her husband
0:40:54 > 0:40:57have already ended their contract with Kimber Estates.
0:40:57 > 0:41:00What are you going to do about managing the property now?
0:41:00 > 0:41:01We're going to manage ourselves.
0:41:01 > 0:41:05- if you want a job doing properly, do it yourself.- Absolutely.
0:41:05 > 0:41:09There's now just one rather important thing left to address.
0:41:09 > 0:41:13The whereabouts of £2,700 in rent, minus fees,
0:41:13 > 0:41:16and a deposit, which Kimber Estate have already confirmed
0:41:16 > 0:41:18wasn't paid into a registered scheme.
0:41:18 > 0:41:22"And I will personally ensure that Mrs Elliott receives all the rent
0:41:22 > 0:41:26"and deposit relating to the above property with all haste.
0:41:26 > 0:41:29"I will also be refunding her management fee for the period."
0:41:29 > 0:41:32It's great news for Wendy and Pamela, and even better,
0:41:32 > 0:41:35it's a promise the company have already delivered on.
0:41:36 > 0:41:39They have been in contact with you since, haven't they?
0:41:39 > 0:41:42They came back and said we're paying you the money back.
0:41:42 > 0:41:44And they have actually put the money back in the account.
0:41:44 > 0:41:46I'm glad you got it back.
0:41:46 > 0:41:50I'm sure without you, we would not. Well, not initially, anyway.
0:41:50 > 0:41:52And are you happy?
0:41:52 > 0:41:56Yes. Relieved, very, very relieved. And so is the tenant.
0:41:56 > 0:41:59- OK. So it's all smiley faces. - Yes. Absolutely.
0:41:59 > 0:42:01Sounds to me like my work is done.
0:42:02 > 0:42:05The weather's lovely, sunshine and the daffodils are out,
0:42:05 > 0:42:07I'd love to stay longer, but I've got to go back to the smoke.
0:42:07 > 0:42:09The big city! Thanks ever so much, Wendy.
0:42:09 > 0:42:12- Oh, no, thank you. Thank you very much.- My pleasure.
0:42:12 > 0:42:15Kimber Estates have told us the rent and deposit
0:42:15 > 0:42:17should have been handled by their front office,
0:42:17 > 0:42:20but weren't because they took on the property when there was
0:42:20 > 0:42:23already a tenant living there.
0:42:23 > 0:42:26They add that they "..do hope Mrs Elliot has not been seriously
0:42:26 > 0:42:29"inconvenienced and apologise for any stress that this may have
0:42:29 > 0:42:31"caused her and her family."
0:42:31 > 0:42:34I'm just glad we got it sorted for Pamela and Wendy.
0:42:38 > 0:42:40Pamela is in a very fortunate position, because she's got
0:42:40 > 0:42:43a lovely daughter-in-law like Wendy who realised there was a problem
0:42:43 > 0:42:46and she stepped in to try and resolve the situation.
0:42:46 > 0:42:49Now unfortunately, Wendy wasn't able to do so and called me in.
0:42:49 > 0:42:51It should never have gone that far. Anyhow, I'm really proud
0:42:51 > 0:42:55of the fact that I managed to sort it out, lock, stock and barrel.
0:42:55 > 0:42:57And Wendy's pretty pleased too.
0:42:57 > 0:42:59It's just taken all the pressure off.
0:42:59 > 0:43:03We can concentrate on Pamela getting better now. Thank you, Dom.
0:43:03 > 0:43:04Thank you so much!