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