Landlords Don't Get Done Get Dom


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I'm Dominic Littlewood and I'm here to champion your consumer rights.

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We'd like to try and sort that out and see

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if we can initiate that refund and get that done for her.

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Any problem, no matter how big or small,

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I'll help you get the service you deserve.

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Well, I think she's going to be very happy with that, so thanks ever so much for your help.

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Whether it involves getting your money back...

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They kept sending bills and they were going up and up

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and I was becoming terrified.

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..or taking on your contract conundrums...

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They had pulled the wool over our eyes so many times,

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at that point we were just exhausted.

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..I'm on the case.

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Today I help both landlord and tenant try

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and resolve their estate agent woes.

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I couldn't find any terms

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and conditions in Pamela's files. I couldn't find an invoice

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from them at all and there was nothing really in the files.

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Our landlord said that we hadn't been giving rent.

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When he tried to get hold of the estate agent, the estate agent wasn't answering his calls.

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Plus what every car owner needs to know about protecting

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their four-wheeled friends.

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Ask for a price and what they are going to do first and

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if it does need any work, make sure they get permission for the repair.

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And the dangers of signing up to something online without even realising.

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I saw a payment had gone out to a company that I'd never

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heard of before for an amount that seemed a bit odd. I rang the bank

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and asked them how my details had been passed on to this company

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and how they had access to take £10 a month from my account.

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I'm taking on your consumer problems to make sure you don't get done!

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Chances are, all of us will have had to deal with an estate agent

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at some point in our lives

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but they're not all about buying and selling.

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The rental market in the UK is massive and sometimes estate agents

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can offer that vital link between landlord and tenant.

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But if my inbox is anything to go by, that process isn't always

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as smooth as it should be.

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Wendy Elliot lives in Sussex

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and has spent the last few months trying to help her

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mother-in-law Pamela resolve a dispute with her estate agent.

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I didn't really know where to start.

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They wouldn't reply to my e-mails, they wouldn't reply to my letters.

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Wendy and husband Simon live next door to his

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mum Pamela on a farm that's been in the family for years.

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Got about 20 acres down here.

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This is Pamela and John's house

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and we're right next door, so she can nip across any time she likes.

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But these aren't the only properties in the family.

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Since 2000, Pamela has owned a small rental house.

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Pamela inherited some money and as an investment, she bought

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a little property five minutes from here and that's her income.

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As well as being a useful nest egg,

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the rental property has been a good project for Pamela.

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Pamela has always looked after the property herself.

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I've never had anything to do with it.

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But late last year, all that changed

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when Pamela fell ill with what turned out to be a brain tumour.

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Wendy stepped in to help manage her affairs

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and soon realised all was not right with her rental property.

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I was going through Pamela's accounts for her

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and I realised that no monies had come in.

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And been through her bank statement, couldn't find any income at all.

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This seemed strange to Wendy because since October 2013, Pamela's

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property had been managed by local estate agent Kimber Estates.

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The idea was that they were going to fully manage it,

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collect the rent, do all the maintenance work, and just

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literally take everything off her hands, and that's what was agreed.

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Pamela had already dealt with Kimber in May 2013

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when she'd found a new tenant and had paid them to draw up

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a tenancy agreement, organise an inventory and handle the deposit.

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But as Wendy dug deeper, she found she was missing things.

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I couldn't find any terms and conditions in Pamela's files, I couldn't find an invoice

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from them at all and there was nothing really in the files.

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Wendy got on the phone and spoke to the boss.

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Mr Kimber was charming on the phone.

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He told me that he was fully managing the property.

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In fact, he reiterated that he was going to

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take 15% of the monthly rental income

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and that he was fully in control and he was managing the properties.

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Wendy requested some key pieces of information about the property

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including the whereabouts of Pamela's rental income.

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This is the follow up e-mail that I made after I'd spoken to

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Mr Kimber on the phone, just outlining all the information

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that I wanted from him - the invoice, the terms and conditions,

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the contract, the invoice of the rent received, the list of any

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outstanding works and timescales of completion, check the balance

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of the works and confirmation that the gas boiler certificate

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had been done.

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Wendy was told they would get together all the documents

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and she could pop in the next day to collect them.

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He just said that he would leave it for me and he'd leave it

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with his secretary, which he did.

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But when she opened the envelope, all it contained was

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the inventory and the original invoice.

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I spoke to the secretary and said, "Oh, I was expecting a lot more than this in the envelope,"

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and I said, "Could you get hold of Mr Kimber on the phone for me?"

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and she wasn't able to do that. She said he wasn't contactable at the time.

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I then said, "Well, could you contact him and get him to contact me?" which he never did.

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This is what made us quite concerned as to if he's not giving us this information,

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which is the basic information that we've asked him for - what else hadn't been done?

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One of Wendy's questions to Kimber was whether some essential

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works had been carried out at the property.

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These included some plumbing repairs inside the house

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and fixing some unsafe brickwork and damaged fencing in the garden.

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But apart from one visit on Christmas Eve

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to try and fix the fence panel,

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it seemed these maintenance issues had not been properly addressed.

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The tenant had told us that she on a number of occasions

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had asked Kimber to "please get on with the works",

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and she wanted them done.

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The tenant had paid three months' rent totalling £2,700.

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Kimber Estates had been supposed to pay Pamela this rental income

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minus their fees on a monthly basis, so by now she should

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have received well over £2,000 but she hadn't been paid a penny.

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And that wasn't all.

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I also wanted to know where the deposit was.

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The tenant had put forward £1,350 in May the previous year,

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and we didn't know where it was. And I wanted him to confirm -

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where was it and was it in a secure deposit account?

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Wendy chased Kimber about the money and spoke to the owner's son.

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He told me that his father managed all of the finances

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and that he wasn't able to help me with that.

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He couldn't give me a reason why that we hadn't received the monies.

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He kept apologising, he was very charming and

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he couldn't believe that I was...that, you know,

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the situation had happened - but he was not able to help me in any way.

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She continued to request Pamela's rental income and confirmation

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of where the deposit was being held but so far has received neither.

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I didn't really know where to start to look to get the money,

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to be quite honest.

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So I thought, "What do I do?"

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So what she did was send yours truly an e-mail

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in the hope that I might be able to get Pamela's money back.

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It's Pamela's money and she needs it - it's her income,

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this is what she lives on.

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Wendy is one very concerned daughter-in-law

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and I can certainly understand why.

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My job is to try and work out what has gone on here

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and see if I can get Pamela back some of that money she's owed.

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Kimber Estates started up in Sussex in 2012

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and as managing agents, are there to help run things

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smoothly for both landlord and tenant.

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It's run by a family who have over 30 years' experience in estate

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agency and they offer property management services

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including 24-hour tenant support and regular on-site inspections

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as well as the monthly depositing of rent into landlords' accounts.

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So what happened in Pamela's case, then?

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Well, hopefully I'll soon find out, because I've dropped

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Kimber Estates a line and asked them to tell me their side of the story.

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Let's see what they say.

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If you break your arm, you'd expect the doctor to fix you up.

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Chip your tooth - a dentist.

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But what about when it comes to our goods - like for example, our beloved car?

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How do you know the mechanic is going to do a good job?

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We Brits love our cars but when it comes to getting them fixed,

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most of us turn to a mechanic for most things,

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from a minor service to a major repair.

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And that means we have to trust that the garage will do what

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they say they're going to do and whilst they should be competent

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and reputable, there are of course a few who aren't.

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Years ago I used an MOT station that would charge for things that

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wasn't being replaced.

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Some garages do say they've changed some things when they haven't.

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In my experience, I have seen that.

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William Guyett trains mechanics on how to carry out MOT tests

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and what he doesn't know about motors, you couldn't write on a stamp.

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We test everything, from a light bulb to suspension,

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braking systems, chassis components.

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We check and test everything.

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And there are common denominators that he looks for.

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On a suspension test or bounce test

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we're checking for condition of the shock absorber.

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We go to the corner, we bounce away and it should bounce once then settle.

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That's the correct bounce.

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What we're looking for on the handbrake - we follow the cable through

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and this one - I've pulled down to show you it's fraying.

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So there's fraying on the handbrake where it connects.

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One of the tyre checks we do is we check the tyre depth.

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The legal limit is 1.6.

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So we would check the depth across three quarters of the tyre.

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OK, here's a couple of shock absorbers on the bench.

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What we're looking for is if there's oil or dampness there -

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we know that there's a fault.

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Checking the spring - this one is nicely coated.

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This one has got rust on it.

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That could fracture and weaken, so we're looking for condition.

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That wouldn't be a fail - it would be a "pass and advise".

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So we'd advise the customer that there could be a fault occurring.

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Interesting stuff but if you're not a dedicated

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petrolhead like William,

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what can you do to make sure you don't get done?

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The only way you can protect yourself is get to know the mechanic

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that you're working...who's working on your vehicle.

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Now that doesn't mean you have to become best mates

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and buy him a birthday card every year,

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but before you employ any mechanic or garage it pays to do

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a bit of background research and find out what other people think.

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Ask the locals in the area - is this a reputable garage?

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Recommendation is the best form to choose a mechanic.

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I've worked on recommendation. I've never advertised.

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If it's a main agent, you know you're going to be fine.

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Their reputation is their lifeline.

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A common complaint I get is people telling me

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they were overcharged, so how can you avoid that?

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Ask for a price and what they're going to do first

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and if it does need any work, make sure they get permission for the repair

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and you're not taken for a ride.

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Right, so when you leave your car at the garage while they carry out

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the work, make sure they have your phone number, so they can

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contact you to let you know what needs doing and how much it's going to cost.

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But what about when the work's already been done?

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Is there any way you can check they've actually carried it out?

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Ask to see the old parts - can you take the parts home with you?

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If you have any concerns, you could also get a second opinion from another mechanic.

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And remember, if you're not a happy customer, make sure you complain.

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If a customer's taken a complaint back to where they've had the car repaired,

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if they take all their documentation,

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so they can lay it on the table, what's been done

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or what should have been done, that will help them immensely.

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So take stock of some of these insider's tips

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because that way, you won't get done.

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3.8 million Brits live in privately-rented homes,

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many dealing with a managing agent to pay rent or if there's a problem.

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However, if you're the landlord, you pay agents

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to ensure everything is looked after.

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She engaged Kimber Estates to do the full management -

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collect the rent, do all the works

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and just literally take it all off her hands.

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Wendy's contacted me on behalf of mother-in-law Pamela who

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feels that neither she nor her tenant are getting the service

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they expect from their managing agent.

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Crucially, she is also owed three months' worth of rent

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and has no idea where her tenant's deposit is being held.

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The money is essential. It's what Pamela lives off - it's her income.

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We've already contacted Kimber to find out what's going on

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and they've been in touch.

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We've had an e-mail back from Kimber Estates and they have said they're going to look into things

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and get back to me within three working days.

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So it's a good start. Let's see what they come back with.

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But Pamela's story does raise some interesting issues for anyone

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with a property to rent.

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In the UK, there are over 1.5 million private landlords like Pamela

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and with interest rates at an all-time low, many people have

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invested in rental property

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to try and provide an income during retirement.

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I'll be looking at a tenant's point of view later,

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but if you decide to become a landlord, you need to know your

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rights and what you should expect from your estate agent.

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-Right, come on through, Tim. Let's make ourselves comfy.

-Thank you very much.

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I'm hoping housing lawyer Tim Crook - yes, that is his name -

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can give me the lowdown.

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This is a growing sector and a growing industry,

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and people sometimes fall into it, inadvertently almost,

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sometimes to plug the gap of a pension

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or to resolve the non-sale of a property, perhaps.

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And there are some serious responsibilities that come

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with being a landlord.

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The administration puts an obligation onto a landlord to ensure their properties are safe.

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For instance, the obligation on a landlord to carry out

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gas safety checks in terms of the safety of the property.

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So the landlord needs to ensure that the agent acting for them,

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know and understand the obligations and that they carry them out.

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Because otherwise it is the landlord who could be held responsible

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for any failings that can happen.

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And those obligations don't end with safety.

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Because of problems there have been

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with the returning of deposits by landlords to tenants in the past,

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the law has been changed over recent years

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to make that process simpler and to cut out too much court involvement.

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A landlord has an obligation to register any deposit that the tenant gives.

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Now the landlord would rely upon the agent, probably,

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under the terms of the agency agreement to do that for them on their behalf.

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There are several Government-approved schemes

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like the Deposit Protection Service or DPS that will

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safeguard a deposit but one of Wendy's concerns is that Kimber

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Estates hasn't told Pamela where her tenant's £1,350 is being held.

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So how can the landlord - and, for that matter, the tenant -

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have 100% clarification that it is in an approved scheme?

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The tenant can expect and should get notification from the landlord or

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the agent within 30 days of paying the deposit that it has been registered

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and details about the scheme within which it's been registered.

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Every landlord will be aware of that.

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So all the landlord can really do is to chase the agent

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and request that it be done and they be given confirmation.

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And if Kimber Estates haven't registered the deposit?

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Unfortunately, Pamela is in the firing line and can be held

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responsible to the tenant for the return of the deposit,

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possibly a fine of up to three times the financial amount of the deposit.

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-Wow!

-Yes, it is a big wow.

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Wow indeed! In Pamela's case that could mean a fine of over four grand. Ouch!

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Just to add a little bit to that is the fact that as the rent

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came in for quite a few months,

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that wasn't passed on to the lady who owns the property.

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The very basic part of an agent's job that's managing a tenancy which is to collect rent

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and pass that on to their principal, the landlord.

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Unsurprisingly, Pamela has every right to be concerned that she

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hasn't received her rent.

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This is NOT sounding good.

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I think in the case here, of Pamela and probably an awful

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lot of people who don't have a large portfolio, they automatically

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assume that because they're using a letting agents,

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and they supply this contract and receipts for the monies taken,

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that they're covered but from what you're saying, they're not. They are in the firing line.

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The landlord's the one who is going to end up with most of the problems if things go wrong.

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Yes, that's absolutely right.

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One of the issues is that letting agents are not regulated

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as rigidly as perhaps they need to be.

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The Office of Fair Trading has looked into this,

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and there was a consultation paper published at the end of 2013,

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which is currently being reviewed, to establish

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what framework there should be by which letting agents are regulated.

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And frankly, the sooner that happens, the better.

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You know what, Tim? I couldn't agree more.

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I tell you what came to light there for me,

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which was a little bit surprising, is that if you use a letting

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agency and they don't do their job properly, it's you - the landlord -

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that can be left holding the baby and ending up in a lot of trouble.

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So as far as Pamela's concerned - at the moment, she's on thin ice.

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I'm determined to help Pamela get both the rent she's owed

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and some answers about where her tenant's deposit is being held.

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But a situation like this can be just as stressful for a tenant

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as the landlord - as Emma and her fiance have discovered.

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They moved out of a rental property in Portsmouth in 2013

0:18:320:18:36

having had a bad experience with their lettings agent.

0:18:360:18:39

We had put all our faith in them

0:18:400:18:44

and looking back, we should have researched them before signing on.

0:18:440:18:49

In 2011, the couple were looking for a house to rent

0:18:500:18:54

and found one they liked the look of through a local lettings company.

0:18:540:18:59

It was south-facing. Three bedrooms.

0:18:590:19:01

A nice big garden and a huge kind of garage

0:19:020:19:05

at the back of the garden where we could store everything as well.

0:19:050:19:09

The couple were smitten

0:19:090:19:10

and agreed to rent the house for an initial six months.

0:19:100:19:14

When we first signed the contract with the agency,

0:19:140:19:16

we paid our deposit upfront - we paid one month's deposit

0:19:160:19:21

and one month's rent at the same time, which we paid in cash.

0:19:210:19:26

That deposit was £830 and they left it to

0:19:260:19:29

their estate agents to place it in a Government-backed protection scheme.

0:19:290:19:34

When we signed the contract, it very clearly states

0:19:340:19:37

in the contract that it was going to be protected.

0:19:370:19:40

They moved in and spent two happy years

0:19:400:19:43

living at the property but in the summer of 2013,

0:19:430:19:46

they got their first indications all was not right.

0:19:460:19:49

We received a letter through the post, which had been hand-posted

0:19:500:19:54

by our landlord, who had said that we haven't been giving rent.

0:19:540:20:00

But as far as the couple were concerned,

0:20:000:20:01

they HAD paid their rent and on time.

0:20:010:20:04

So what was going on?

0:20:040:20:06

Upon HIS investigation he found that we were paying ours

0:20:060:20:10

every month on time - it was a problem with the estate agent.

0:20:100:20:14

When he then tried to get hold of the estate agent,

0:20:140:20:17

the estate agent wasn't answering his calls, wasn't able to be in contact.

0:20:170:20:22

This was a worrying situation for both Emma

0:20:220:20:24

and her landlord who were now

0:20:240:20:26

concerned about the whereabouts of the deposit and the rent.

0:20:260:20:30

Emma set about contacting the various deposit protection schemes.

0:20:300:20:34

One of them told us outright

0:20:340:20:36

that it wouldn't have being protected with them.

0:20:360:20:40

The others then told me on the phone initially that they had no

0:20:400:20:43

record of our deposit being protected with them, or had

0:20:430:20:46

it ever been protected for that property since we had lived there.

0:20:460:20:51

I then got e-mail confirmation of that.

0:20:510:20:54

It was very worrying news,

0:20:560:20:58

so Emma and her fiance decided to pay the agents a visit.

0:20:580:21:02

We then said, "Hi, we're the tenants.

0:21:020:21:05

"We've come because our deposit isn't protected." He then went,

0:21:050:21:11

"Oh, I've just recently taken over.

0:21:110:21:13

"I've got rid of some of my staff members.

0:21:130:21:15

"I'm just dealing with a backlog of paperwork.

0:21:150:21:17

"I'll contact you later to see about it", and then we never heard from him.

0:21:170:21:23

The landlord was having the same problem as he tried to chase

0:21:230:21:26

the rent he was owed.

0:21:260:21:27

He even made a complaint to the local police and several

0:21:270:21:30

weeks later, the firm did finally pay him the rent he was owed.

0:21:300:21:33

But they wouldn't tell him

0:21:330:21:35

which scheme the deposit was registered with.

0:21:350:21:37

By now, Emma's circumstances had changed.

0:21:370:21:40

I got a new job up here in Kent and my partner works up here

0:21:400:21:46

so we moved out

0:21:460:21:47

because we needed a new place near our old places of work.

0:21:470:21:51

They gave notice to both the agent and the landlord

0:21:510:21:54

and in September 2013 made preparations to leave.

0:21:540:21:58

When we moved out of the property,

0:21:580:22:01

we did the final check-out interview with the landlord.

0:22:010:22:05

One of the things they discussed was a problem the couple had

0:22:050:22:09

with the garage door.

0:22:090:22:10

The complaints about the garage door were fair.

0:22:100:22:12

The garage door was damaged, which I'd had to do one day,

0:22:120:22:16

trying to get out of the garage to get to work.

0:22:160:22:19

There had been problems with that garage door since we moved in.

0:22:190:22:23

Emma had already flagged these problems to the agent

0:22:230:22:26

but they hadn't fixed them

0:22:260:22:27

and with her car now stuck in the garage, she phoned them again.

0:22:270:22:30

I said, "I just need someone else to come and help me open the door.

0:22:300:22:33

"I'm on my own! I'm late for work."

0:22:330:22:35

They knew I was a nurse. They knew I was due on shift

0:22:350:22:38

and they didn't send anyone.

0:22:380:22:40

Emma used her car to push the door open

0:22:400:22:43

and caused further damage - which she was now liable for.

0:22:430:22:47

The landlord has since ended his contract with the agent

0:22:470:22:49

and did manage to get the £830 deposit back.

0:22:490:22:53

He tells us he is currently negotiating with the couple

0:22:530:22:56

over the cost of repairs to the damaged door.

0:22:560:22:59

Neither Emma nor her landlord should ever have been in this situation, though.

0:22:590:23:04

I feel like I'm owed an apology from the estate agent, as he let us down.

0:23:040:23:09

He could have done a lot more to run his business but he didn't

0:23:090:23:14

and we've had to go through the landlord rather than him,

0:23:140:23:16

which is the estate agent's problem, really.

0:23:160:23:20

It's the estate agent's job, not the landlord's job.

0:23:200:23:23

Thankfully, Emma's landlord seems very reasonable

0:23:230:23:25

and has told us he hopes to resolve the garage-door situation soon.

0:23:250:23:29

But what are a tenant's rights

0:23:290:23:31

when it comes to getting their deposits back?

0:23:310:23:34

If there's a small problem, the landlord can only seek

0:23:340:23:38

payment for that problem if it is the tenant's responsibility.

0:23:380:23:42

The landlord can't simply demand the whole of the deposit.

0:23:420:23:47

And this is one of the reasons why deposit protection schemes

0:23:470:23:50

are so important.

0:23:500:23:52

The idea behind the deposit protection scheme

0:23:520:23:55

is to safeguard deposits.

0:23:550:23:57

If the landlord refuses to pay part of the deposit,

0:23:570:24:00

or all of the deposit, and the deposit is in a scheme,

0:24:000:24:03

as it must be, then the tenant can take them to arbitration

0:24:030:24:06

through the deposit scheme

0:24:060:24:07

and the landlord will have to provide evidence

0:24:070:24:10

of exactly what it is that they are seeking to take the money for.

0:24:100:24:13

And what else can tenants do to protect themselves?

0:24:150:24:18

For tenants to avoid a dispute over the deposit, they should make

0:24:200:24:23

sure that there is a clear, detailed inventory, preferably with

0:24:230:24:26

photographs at the start of the tenancy, that there is a check-out

0:24:260:24:29

at the end - again, clear, detailed, recording everything,

0:24:290:24:34

and certainly for tenants,

0:24:340:24:36

keep records and photographs through the tenancy as well.

0:24:360:24:38

In Sussex, Pamela's tenant did exactly the right thing

0:24:400:24:43

when she highlighted a list of things that she wanted addressed.

0:24:430:24:46

Inside the house, these included a broken banister,

0:24:460:24:49

a faulty light switch and some plumbing issues.

0:24:490:24:52

There was a leak in one of the radiators,

0:24:530:24:56

so there were some small minor building works to be done inside,

0:24:560:24:59

but the major one was the outside

0:24:590:25:01

where she couldn't even use her garden.

0:25:010:25:04

Not least because her brick retaining wall's on the verge of collapse.

0:25:040:25:08

She could only use the patio area in the back

0:25:080:25:10

and they actually couldn't use the grass area at top

0:25:100:25:13

because it was just unsafe.

0:25:130:25:15

Kimber Estates were made aware of these issues in October, 2013.

0:25:150:25:19

But almost four months later, Wendy and her husband visited

0:25:190:25:22

the house and realised none of them had been sorted.

0:25:220:25:25

At that point they decided enough was enough.

0:25:250:25:28

So family decided that we would go down in the morning,

0:25:280:25:31

disengage Kimber Estates and do the work ourselves.

0:25:310:25:36

Wendy has now had all the work carried out on the property,

0:25:370:25:40

so it's time for another visit.

0:25:400:25:42

I'm now off to the property to meet the builder

0:25:420:25:47

and to go through the work that he's completed

0:25:470:25:50

and hopefully he'll show me around and show me what he's done.

0:25:500:25:55

Within 48 hours of ending Pamela's contract with Kimber Estates,

0:25:550:25:59

Wendy had found a builder called Rick,

0:25:590:26:02

and since then, work seems to have progressed quickly.

0:26:020:26:04

He's done the new fence panels in the garden and the brickwork

0:26:060:26:11

and he's done bits of maintenance required.

0:26:110:26:15

There are probably about five or six things on the list,

0:26:150:26:19

and they were quite straightforward,

0:26:190:26:21

and Rick just got on with them and just did them.

0:26:210:26:24

All Wendy needs to do now is to make sure she's happy with the work.

0:26:240:26:28

-Hi, Rick.

-Hello, Wendy, you all right?

0:26:280:26:30

The first thing we've done here is all these bricks were on

0:26:310:26:35

the floor when we started, we've put them back together.

0:26:350:26:39

Made the handrail through the top all as it was to match

0:26:390:26:41

the existing to make it safe.

0:26:410:26:44

There was no fencing there at all before.

0:26:440:26:46

-They've got dogs as well.

-Yes.

0:26:460:26:48

And I think the neighbours have got dogs as well.

0:26:480:26:51

So incidents where children going through an open fence there.

0:26:510:26:54

-Clearly that needed to be rectified.

-Yeah, looking good.

0:26:540:26:57

-Just trying to match it as best as we can...

-Well done.

0:26:570:26:59

-..and made it safe for everyone.

-That's brilliant. Well done.

0:26:590:27:02

-All good.

-Shall we look at the stuff inside?

-Yeah, let's go have a look.

-Perfect. Excellent.

0:27:020:27:07

In here, we sorted the taps out for the kitchen.

0:27:070:27:10

Sorted some minor electrical problems out with the lights.

0:27:100:27:12

The banister's been fixed.

0:27:120:27:14

Couple of other little minor cosmetic things.

0:27:140:27:16

Apart from that, it should be fit to go again.

0:27:160:27:19

Rick's also been able to arrange a safety check for the boiler.

0:27:190:27:23

Wendy, you have your gas safety certificate.

0:27:240:27:27

Oh, fantastic. Thank you very much.

0:27:270:27:29

How long did it actually take you to get all of it done?

0:27:300:27:34

Well, realistically, all it took was about three days.

0:27:340:27:36

We spend one day doing the garden work and the brickwork.

0:27:360:27:39

And anther day and a half just in the house tinkering around, really.

0:27:390:27:43

At the most, three days.

0:27:430:27:45

And the boiler certificate et cetera.

0:27:450:27:48

The property is now shipshape,

0:27:480:27:50

and for the time being Wendy and her husband

0:27:500:27:53

are planning to cut out any agents and manage it themselves.

0:27:530:27:57

So what will that mean from a maintenance point of view?

0:27:570:28:00

The best bit of advice is to stay in touch with your tenants.

0:28:000:28:04

Any problems that arise from them should come direct to you,

0:28:040:28:07

A constant communication stream.

0:28:070:28:09

And reactive maintenance, really.

0:28:090:28:11

I mean, theoretically, a property should run itself.

0:28:110:28:14

Have you got any tips or recommendations

0:28:140:28:16

that we should be doing on an annual basis?

0:28:160:28:18

You need to get your gas safety check done.

0:28:180:28:21

It's good practice to get an electrician round really

0:28:210:28:24

just to sort of come and give you a visual inspection of the property,

0:28:240:28:27

anything that's broken here or there.

0:28:270:28:30

Generally, just keep in touch with your tenants and talk

0:28:300:28:32

and, theoretically, everyone should be happy.

0:28:320:28:36

Well, that's certainly good advice and Wendy is one happy chappy.

0:28:360:28:39

I've had a look around the place and it's absolutely amazing.

0:28:390:28:42

From what the tenant has said to me, she's pleased, that makes me happy

0:28:420:28:47

and that's how it should be.

0:28:470:28:49

But all this hassle could have been avoided

0:28:510:28:53

if the work had been sorted by the managing agent.

0:28:530:28:56

Hopefully we'll hear back form Kimber Estates soon

0:28:560:28:59

and get some answers about where Pamela's rent

0:28:590:29:01

and the tenant's deposit are being held.

0:29:010:29:03

A free voucher! An exclusive offer! Ohh!

0:29:130:29:16

A great deal.

0:29:160:29:17

Isn't it amazing how we seem to sign up for these deals and offers

0:29:170:29:21

when quite often we don't actually remember doing so.

0:29:210:29:24

Delete.

0:29:240:29:25

Delete.

0:29:260:29:28

Delete.

0:29:280:29:30

Anna Coutts lives in a picturesque Lancashire town

0:29:330:29:36

where she runs both a toy shop and a tea room.

0:29:360:29:39

How nice.

0:29:390:29:40

With two businesses to look after, Anna, like millions of us,

0:29:420:29:45

loves the convenience of internet shopping.

0:29:450:29:49

I find that living in a rural location means that shopping online's

0:29:490:29:52

really useful, it's far less time consuming, it's quicker,

0:29:520:29:56

often it's a lot more choice than what we have available here.

0:29:560:30:00

But last year,

0:30:000:30:01

an experience of buying online left Anna feeling pig sick.

0:30:010:30:05

I was looking online to buy some footwear.

0:30:060:30:09

I was drawn to the Simply Be website because I Google searched boots or

0:30:090:30:13

footwear of some sort and it was just within the search engine results.

0:30:130:30:17

At Simply Be, you can dip into the ever changing world of fashion...

0:30:180:30:23

Simply Be is a catalogue shopping firm

0:30:230:30:26

and their glossy TV adverts promise enticing introductory offers.

0:30:260:30:30

Anna was keen to have a browse.

0:30:300:30:32

The first pop-up I saw on the Simply Be website just said,

0:30:320:30:35

"You're a new customer and you automatically qualify for a 10% discount,"

0:30:350:30:38

and I had to click the button that said, "Continue shopping."

0:30:380:30:41

Happy days.

0:30:410:30:42

Anna found what she was looking for, placed her order

0:30:420:30:45

and got back to work.

0:30:450:30:46

The goods arrived several days later and they were absolutely fine.

0:30:470:30:50

As far as I was concerned,

0:30:500:30:51

I had ordered the goods, I received them, I had paid for them,

0:30:510:30:54

and unless I was going to make a future purchase from them,

0:30:540:30:57

that was my involvement with them had come to an end.

0:30:570:31:00

If only life was that simple.

0:31:000:31:01

First time I noticed anything was a bit untoward was

0:31:030:31:05

when I was checking my bank statements in January

0:31:050:31:08

and I saw a payment had gone out to a company that

0:31:080:31:10

I had never heard of before for an amount that seemed a bit odd.

0:31:100:31:13

It was exactly £10, which was to me

0:31:130:31:15

either a subscription fee or a membership fee or a one-off payment.

0:31:150:31:19

What's going on?

0:31:200:31:22

The name of the company that had taken the money out was

0:31:220:31:25

shopperdisc.co.uk

0:31:250:31:27

Not a name I recognised or knew about

0:31:270:31:29

and not one I had recalled ever buying anything from.

0:31:290:31:33

Anna investigated further.

0:31:330:31:34

The first thing I did was I Googled shoppersdisc

0:31:340:31:37

and was directed to a website, again not one that I had ever seen,

0:31:370:31:40

or heard of before called Shopper Discounts And Rewards.

0:31:400:31:43

The site had quite a lot of text, I had quite a lot to take in,

0:31:430:31:45

but the general idea of it was that it was a discount club

0:31:450:31:48

that people subscribed to

0:31:480:31:50

and would be sent vouchers or offers to receive discounts

0:31:500:31:53

from a number of companies in the UK.

0:31:530:31:55

Shopper Discounts And Rewards is an online reward programme

0:31:560:32:00

where members pay £10 a month to access discounts

0:32:000:32:03

and cashback with over 650 popular retailers.

0:32:030:32:07

All very well, trouble is,

0:32:070:32:08

Anna didn't realise she had signed up with them.

0:32:080:32:11

Once I had seen the Shopper Discounts And Rewards website

0:32:110:32:14

and realised I didn't know who they were

0:32:140:32:16

or what they were selling to me,

0:32:160:32:17

I rang the bank and asked them how my details had been passed onto

0:32:170:32:21

this company and how they had access to take £10 a month from my account?

0:32:210:32:24

The bank weren't able to tell me how this purchase had been set up,

0:32:270:32:30

they just said that it was,

0:32:300:32:32

as a direct link from a purchase from a second company

0:32:320:32:35

and I ought to look into where I bought something in the past.

0:32:350:32:38

So she rang Shopper Discounts And Rewards

0:32:380:32:41

and spoke to a member of their team.

0:32:410:32:43

She said that their services were that of a membership scheme,

0:32:430:32:47

to discounts for, she said, up to 800 companies in the UK.

0:32:470:32:51

When I asked her how they'd come by my details, she said that it was

0:32:510:32:55

after my purchase in September, 2013 with Simply Be.

0:32:550:33:01

So when Anna had shopped for fancy footwear,

0:33:010:33:03

it seemed she'd got more than she'd bargained for.

0:33:030:33:06

The lady didn't really explain how I'd come to be signed up

0:33:060:33:09

to their subscription, only that she said I must have checked

0:33:090:33:12

a box to say that I wanted to be part of this particular scheme.

0:33:120:33:15

And when I pointed out to her that I had no memory of this and it wasn't

0:33:150:33:18

clear to me at all, she didn't seem to have any answers to that at all.

0:33:180:33:22

It turned out there was a banner on the website which Anna clicked,

0:33:230:33:27

mistakenly thinking it was part of Simply Be's offer.

0:33:270:33:30

But it actually took her

0:33:300:33:32

to Shopper Discounts and Rewards website

0:33:320:33:34

where she entered her card details.

0:33:340:33:37

I recall having to click something to say

0:33:370:33:39

that I wanted the 10% discount offer.

0:33:390:33:41

I recall it being a separate pop-up and I had to click to authorise

0:33:410:33:45

that I wanted that 10% offer, so of course I did.

0:33:450:33:48

What she didn't realise is that this offer from Simply Be

0:33:480:33:51

was nothing to do with the banner she would have later seen

0:33:510:33:54

from Shopper Discounts and Rewards.

0:33:540:33:56

Even though she hadn't intended to, she had signed up and the company

0:33:560:34:00

have said it would have been mentioned at least four times

0:34:000:34:02

on their enrolment page that she was signing up to a membership scheme.

0:34:020:34:07

I was aware at this point that Shopper Discounts and Rewards

0:34:080:34:11

had taken £10 on two consecutive months, January and December,

0:34:110:34:14

and it wasn't until the lady told me that actually they'd

0:34:140:34:17

taken four months' worth and had taken £40 from my account in total.

0:34:170:34:20

Annoyed that this had happened, Anna wanted to know

0:34:200:34:23

if there was anything that could be done.

0:34:230:34:26

I asked the lady for a refund and she explained that three payments

0:34:260:34:29

could be returned to me within ten days via my bank account.

0:34:290:34:33

But the fourth payment I would have to send off an application form

0:34:330:34:36

that I would receive from them.

0:34:360:34:38

As promised, Anna received her £30 refund

0:34:380:34:41

and the company have also told her they will refund the remaining £10.

0:34:410:34:45

But that's not her main concern.

0:34:450:34:48

This isn't about the money at all,

0:34:480:34:50

this is about the principle of the fact that a company had

0:34:500:34:52

signed me up to a scheme that I didn't want to part of,

0:34:520:34:55

didn't know anything about and certainly wouldn't have chosen to use.

0:34:550:34:58

But of course, without realising it, Anna had signed herself up

0:34:580:35:02

and it's been a tough lesson to learn.

0:35:020:35:04

In future, if I'm shopping online, I will be very, very careful

0:35:040:35:08

and very thorough about any offers that I accept.

0:35:080:35:10

It's left me very sceptical and very cynical,

0:35:100:35:12

and I think I will be sticking with the few internet shopping sites

0:35:120:35:17

that I've used in the past

0:35:170:35:18

and I won't be expanding and using any more.

0:35:180:35:20

We contacted Shopper Discounts and Rewards and they said,

0:35:210:35:25

"There is an initial 30-day free trial after which membership costs £10 a month.

0:35:250:35:31

"The only way to sign up is through a clear, three-step process.

0:35:310:35:34

"The monthly fee is clearly referenced

0:35:340:35:36

"throughout our communications including at the top of the page

0:35:360:35:39

"where people enter their credit or debit card details."

0:35:390:35:43

They also say, "Our banner should not be confused

0:35:430:35:46

"with other promotions the retailer may be running at the time,

0:35:460:35:49

"in this case, a 10% discount on the first order with Simply Be."

0:35:490:35:54

We also contacted Simply Be who told us that,

0:35:540:35:57

"Like many other online retailers,

0:35:570:35:59

"they allow discount firms to have pop-up banners on their websites."

0:35:590:36:03

"But they do not pass on customer data."

0:36:030:36:05

They think it "is clear to customers that they are signing up to

0:36:050:36:08

"a separate web loyalty scheme."

0:36:080:36:10

So, what can you do to avoid signing up to something without realising?

0:36:110:36:15

Well, if you're offered a great discount on a website,

0:36:150:36:18

check carefully whether there are any strings attached.

0:36:180:36:20

Take the time to read any terms and conditions so that you can click

0:36:200:36:24

with confidence. And if anything's not clear, give the company a call.

0:36:240:36:28

And check your bank statements regularly. If there are any payments

0:36:280:36:31

on there you don't recognise, investigate further!

0:36:310:36:34

So beware of what you're ticking, or not,

0:36:360:36:38

because you might end up with such a good deal after all!

0:36:380:36:41

Anti-ageing cream? Me?!

0:36:430:36:45

I've been contacted by two people having problems with letting agents.

0:36:500:36:55

On the landlord's side of things is Pamela, who should have been paid

0:36:550:36:58

more than £2,000 in rent from Kimber Estates

0:36:580:37:01

and also has no idea where they are holding her tenant's £1,350 deposit.

0:37:010:37:07

With Pamela suffering from a brain tumour, daughter-in-law Wendy

0:37:070:37:11

has been trying to get answers from the firm, but with little success.

0:37:110:37:15

And on the flip side is Emma, a tenant whose agent failed to tell

0:37:150:37:19

either her or her landlord what they'd done with her deposit.

0:37:190:37:23

When we found out our deposit wasn't protected, I was devastated.

0:37:230:37:28

Just to believe that we'd had it protected and it was there,

0:37:290:37:34

to find out that it wasn't, my heart sank.

0:37:340:37:37

With a story like this there are three elements to take into

0:37:380:37:40

consideration. There's the letting agent, the landlord and the tenant.

0:37:400:37:45

Now of course the letting agent is supposed to make life easier

0:37:450:37:48

for both landlord and tenant.

0:37:480:37:50

But for Pamela and Emma, that hasn't been the case.

0:37:500:37:53

We've made several attempts to contact Emma's Estate Agents

0:37:530:37:57

to ask them why they didn't register her £830 deposit.

0:37:570:38:01

But they have not responded to any of our e-mails or calls.

0:38:010:38:04

We have, however, spoken to Emma's landlord, who feels equally let down

0:38:040:38:08

by the agents he employed and has now ended his contract with them.

0:38:080:38:12

Pamela's agent, however, has been in touch.

0:38:120:38:14

We've had another e-mail from Kimber Estates

0:38:160:38:18

and it makes for pretty interesting reading.

0:38:180:38:21

Now they say they are deeply dissatisfied with the service

0:38:210:38:25

received by Pamela and Wendy. And also proposing a solution,

0:38:250:38:29

which is good news. They go on to say it was unusual for them

0:38:290:38:32

to take on the management of a property where the tenant was already in place.

0:38:320:38:36

And because of that, they bypassed some of their usual checks.

0:38:360:38:39

But - and trust me, it's a big but - they have confirmed

0:38:390:38:44

that the tenant's deposit was paid into their client account,

0:38:440:38:47

not into a DPS, a deposit protection scheme.

0:38:470:38:51

With the money in Kimber Estates' account and not in

0:38:510:38:54

a Government-backed scheme, the deposit is not properly protected.

0:38:540:38:58

But at least know we now know

0:38:580:39:00

and Wendy will be able to get the deposit registered.

0:39:000:39:03

And there's more news. So I've headed over to Sussex.

0:39:040:39:08

Morning. You must be Wendy.

0:39:090:39:11

And as luck would have it, I've arrived in time to meet Pamela.

0:39:110:39:14

Hello there. Nice to meet you.

0:39:140:39:16

-You've been out walking the dog, have you?

-Yes.

0:39:160:39:18

All right. I've been hearing about your problems with Kimber Estates.

0:39:180:39:21

Oh, right, yes.

0:39:210:39:23

You're lucky Wendy's been taking care of some of this for you, hasn't she?

0:39:230:39:26

Absolutely, yes.

0:39:260:39:28

That's what daughter-in-law's are for, isn't it?

0:39:280:39:30

-That's exactly right.

-Hey?

-Exactly right.

0:39:300:39:33

She's not very well-trained though, cos I haven't had a cup of tea yet.

0:39:330:39:36

-Oh!

-Sorry!

-I'll address that one later on!

0:39:360:39:41

-All right, OK.

-Lovely meeting you.

-Yes.

0:39:410:39:43

Pamela, all the best.

0:39:430:39:44

Cuppa or no cuppa, I'm keen to hear Wendy's take on the situation.

0:39:460:39:49

At what point did it start going wrong?

0:39:490:39:52

Well, I obviously can only pick up from where

0:39:520:39:54

I went to help Pamela with her affairs.

0:39:540:39:57

And I initially phoned them and said can you give me a copy

0:39:570:40:01

of the tenancy agreement, cos there was nothing on Pamela's files.

0:40:010:40:04

I wanted to know had the maintenance been done.

0:40:040:40:07

Apart from one visit to attempt to repair a broken fence panel,

0:40:070:40:10

it has seems that Kimber Estates didn't carry out the works

0:40:100:40:13

requested by the tenant

0:40:130:40:15

and in an e-mail to me they have explained why.

0:40:150:40:17

"In October, our management team were asked to deal with a series

0:40:170:40:20

"of minor repairs, but it took several weeks for the tenants

0:40:200:40:23

"to agree to an appointment time, around the end of November,

0:40:230:40:27

"for a tradesperson to visit the property."

0:40:270:40:29

Pamela's tenant doesn't agree and feels she was the one chasing them.

0:40:290:40:33

But either way, no-one disputes the work wasn't done.

0:40:330:40:36

Kimber Estates have also said that from late December,

0:40:360:40:39

their management team were flat out dealing with properties

0:40:390:40:42

damaged by storms.

0:40:420:40:43

"While this does not excuse the trouble experienced by Mrs Elliott,

0:40:430:40:46

"it does explain why we simply have not had the manpower

0:40:460:40:49

"to handle everything to our usual standard."

0:40:490:40:51

Whatever the reasons, Wendy and her husband

0:40:510:40:54

have already ended their contract with Kimber Estates.

0:40:540:40:57

What are you going to do about managing the property now?

0:40:570:41:00

We're going to manage ourselves.

0:41:000:41:01

-if you want a job doing properly, do it yourself.

-Absolutely.

0:41:010:41:05

There's now just one rather important thing left to address.

0:41:050:41:09

The whereabouts of £2,700 in rent, minus fees,

0:41:090:41:13

and a deposit, which Kimber Estate have already confirmed

0:41:130:41:16

wasn't paid into a registered scheme.

0:41:160:41:18

"And I will personally ensure that Mrs Elliott receives all the rent

0:41:180:41:22

"and deposit relating to the above property with all haste.

0:41:220:41:26

"I will also be refunding her management fee for the period."

0:41:260:41:29

It's great news for Wendy and Pamela, and even better,

0:41:290:41:32

it's a promise the company have already delivered on.

0:41:320:41:35

They have been in contact with you since, haven't they?

0:41:360:41:39

They came back and said we're paying you the money back.

0:41:390:41:42

And they have actually put the money back in the account.

0:41:420:41:44

I'm glad you got it back.

0:41:440:41:46

I'm sure without you, we would not. Well, not initially, anyway.

0:41:460:41:50

And are you happy?

0:41:500:41:52

Yes. Relieved, very, very relieved. And so is the tenant.

0:41:520:41:56

-OK. So it's all smiley faces.

-Yes. Absolutely.

0:41:560:41:59

Sounds to me like my work is done.

0:41:590:42:01

The weather's lovely, sunshine and the daffodils are out,

0:42:020:42:05

I'd love to stay longer, but I've got to go back to the smoke.

0:42:050:42:07

The big city! Thanks ever so much, Wendy.

0:42:070:42:09

-Oh, no, thank you. Thank you very much.

-My pleasure.

0:42:090:42:12

Kimber Estates have told us the rent and deposit

0:42:120:42:15

should have been handled by their front office,

0:42:150:42:17

but weren't because they took on the property when there was

0:42:170:42:20

already a tenant living there.

0:42:200:42:23

They add that they "..do hope Mrs Elliot has not been seriously

0:42:230:42:26

"inconvenienced and apologise for any stress that this may have

0:42:260:42:29

"caused her and her family."

0:42:290:42:31

I'm just glad we got it sorted for Pamela and Wendy.

0:42:310:42:34

Pamela is in a very fortunate position, because she's got

0:42:380:42:40

a lovely daughter-in-law like Wendy who realised there was a problem

0:42:400:42:43

and she stepped in to try and resolve the situation.

0:42:430:42:46

Now unfortunately, Wendy wasn't able to do so and called me in.

0:42:460:42:49

It should never have gone that far. Anyhow, I'm really proud

0:42:490:42:51

of the fact that I managed to sort it out, lock, stock and barrel.

0:42:510:42:55

And Wendy's pretty pleased too.

0:42:550:42:57

It's just taken all the pressure off.

0:42:570:42:59

We can concentrate on Pamela getting better now. Thank you, Dom.

0:42:590:43:03

Thank you so much!

0:43:030:43:04

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