Mismanagement from property management and correct compensation

[Danny92]

Hello again,

Not sure if this is allowed on this forum but I'm needing some legal advice regarding a rent arrears, a complete mismanagement of our property by our property managers and what the correct compensation should be

I'm a currently dealing with 8months rent arrears from tenants and a property management company that's basically done nothing they were paid for since the beginning. Rent arrears side of it is somewhat in progress(section 8 being served, small claims done). However I'm unsure what to do with the property management company(Purplebricks). They've breached the contract in a numerous ways.

-Tenant was allowed to move into the property without a deposit(Zero deposit scheme was used but the tenant never filled out her side of the form and the managers never checked up on it and just let her move in)
-They confirm section 8 was served 5months ago but it turns out it never was filed and sent out
-0 inspections have been done since her move in date(November 2021). Excuse being that the tenant wouldn't agree on a date
-They never chased rent, only found out the rent arrears cause we got contacted by the bank for outstanding mortgage(the account was set to pay the mortgage from the same account rent was received)
-The house was meant to be pet free but we've seen photos of her on social media and it appears she has a dog in the house

We are now worried since there isn't a deposit, she might ruin the place due to getting served the small claims for the rent arrears. She owes us close to 8000GBP at this point(rent was getting fed in drips with excuses of financial woes etc). Purplebricks internal complaints team have just got back to us last week with a compensation of 1000GBP which we declined. We've had to fly over from NZ, with reduction in both of our work hours(thankfully we wfh) to sort this out and sell this house as its been nothing but a headache.

Now my questions are

-What would be a fair compensation from Purplebricks in this case?(Could we ask for the flights, emotional trauma etc?)
-Could the tenant potentially do a runner and not pay the rent arrears?(She's originally from Ireland)
-Would Purplebricks be liable for the potential property damage since they let the tenant in without a deposit?
-We've tried to stay away from getting a solicitor involved due to the sheer cost but is this something we should look into?

After any advice if anyone else's been through this scenario before

Thanks !

 

[kulture]

I would suggest that using a solicitor is the way forward. Yes it is going to cost, but you should be able to get these costs from the agent. As in all these things, details matter. A good solicitor will know what details to put before the court to maximise the compensation and not confuse the issues with what the court may consider irrelevancies.

Any tenant can do a runner. Any tenant can prove impossible to extract money from. Many tenants know the property law in detail and a miss-step on your part can cost you months and money. Hence a good solicitor is vital. Normally I would say a good agent with a good solicitor, but in this case your staring problem is a negligent agent.

 

[Danny92]

I would suggest that using a solicitor is the way forward. Yes it is going to cost, but you should be able to get these costs from the agent. As in all these things, details matter. A good solicitor will know what details to put before the court to maximise the compensation and not confuse the issues with what the court may consider irrelevancies.

Any tenant can do a runner. Any tenant can prove impossible to extract money from. Many tenants know the property law in detail and a miss-step on your part can cost you months and money. Hence a good solicitor is vital. Normally I would say a good agent with a good solicitor, but in this case your staring problem is a negligent agent.

Thank you and we will look into a solicitor

In regards to getting the rent arrears, any idea if getting bailiffs involved would be a good idea? She hasn't responded to the small claims and knowing her this will be a long and lengthy journey through the legal system. There are bailiffs claiming they can get the rent arrears within days/weeks for a small fee. Am skeptical and also afraid this may be done as "harassment" and go against us in court if the bailiff option didn't end up working out.

Any advices would be greatly appreciated.

 

[Newchodge]

Thank you and we will look into a solicitor

In regards to getting the rent arrears, any idea if getting bailiffs involved would be a good idea? She hasn't responded to the small claims and knowing her this will be a long and lengthy journey through the legal system. There are bailiffs claiming they can get the rent arrears within days/weeks for a small fee. Am skeptical and also afraid this may be done as "harassment" and go against us in court if the bailiff option didn't end up working out.

Any advices would be greatly appreciated.

It is only worth spending money on chasing a CCJ if the debtor has assets. The chances are very high that she has none.

 

[fisicx]

There are bailiffs claiming they can get the rent arrears within days/weeks for a small fee.

Only if they know where this person is and they actually have the cash. Your tenant could disappear overnight and you end up with nothing.

Your issue is not with the tenant. It's purple bricks you need to be chasing. They have a long history of mismanagement and not a lot of spare cash so but getting a solicitor on board will help your claim.

 

[MBE2017]

OP, get your solicitor ASAP. A section 8 has to be issued correctly for it to be legal in the eyes of the court, your tenants have to have had the paperwork issued correctly to them. It has to be filled in correctly with ALL the reasons for it being issued. I doubt this is the case.

So you will probably need to issue a fresh section 8, and then go to a county or high court to obtain possession of the property from your tenant.

The section 8 will cost approx £100, county court approx £1200, high court £2k plus. This is assuming your tenant decides not to leave voluntarily. Either way, you are at the start of a long process. You have to give a min of two weeks notice on a section 8, if you go to court, there will be a few weeks until the hearing, at least two weeks allowance for the tenant to move out after that, possibly longer.

Citizens advice and the local council will advise and suggest fighting the eviction, to show the tenant has not made themselves intentionally homeless by showing compliance with the process. Do not take any of the above as true legal advice, check with a solicitor.

You as the landlord will not get any legal aid. Best of luck.

 

[Danny92]

OP, get your solicitor ASAP. A section 8 has to be issued correctly for it to be legal in the eyes of the court, your tenants have to have had the paperwork issued correctly to them. It has to be filled in correctly with ALL the reasons for it being issued. I doubt this is the case.

So you will probably need to issue a fresh section 8, and then go to a county or high court to obtain possession of the property from your tenant.

The section 8 will cost approx £100, county court approx £1200, high court £2k plus. This is assuming your tenant decides not to leave voluntarily. Either way, you are at the start of a long process. You have to give a min of two weeks notice on a section 8, if you go to court, there will be a few weeks until the hearing, at least two weeks allowance for the tenant to move out after that, possibly longer.

Citizens advice and the local council will advise and suggest fighting the eviction, to show the tenant has not made themselves intentionally homeless by showing compliance with the process. Do not take any of the above as true legal advice, check with a solicitor.

You as the landlord will not get any legal aid. Best of luck.

Section 8 has been served by PB at this point(partner got fed up with it all and went ahead with it). Its being done by a 3rd party solicitor PB uses called The Landlord group, they seem to have a decent reputation so we are hopeful. So in regards to the eviction the correct step(fingers crossed) have been taken. Will just have to wait and see at this point

It is only worth spending money on chasing a CCJ if the debtor has assets. The chances are very high that she has none.

We got in touch with a bailiff who did a background check and she was found to be solvent with some asset. Not quite sure how they managed to find that out or whether its legitimate.

Only if they know where this person is and they actually have the cash. Your tenant could disappear overnight and you end up with nothing.

Your issue is not with the tenant. It's purple bricks you need to be chasing. They have a long history of mismanagement and not a lot of spare cash so but getting a solicitor on board will help your claim.

She's still living at the address as we speak. We think her strategy is to just live there for as long as she can, drag the eviction out as long as she can and maybe plead to the court and get the arrears deducted at the lowest amount possible... or do a runner. Bailiff idea was to get her now since we know where she is living just incase she does a runner. In regards to PB, we are looking into getting a solicitor to deal with PB.


Thank you everyone for your input.

 

[Newchodge]

PB?

 

[Danny92]

PB?

Purplebricks*

 

[Newchodge]

Purplebricks*

Right, so the company that has completely mismanaged this matter from day 1 has issued the most important document in the whole sorry saga, and you are content about that. Please get someone who knows what they are doing to look at what they issued.