switching agents 1

SWITCHING AGENTS

In recent years landlords have switched tenanted properties to Key-Lets from Donald Ross, Murphy Scoular, Martin & Co, Lomond Properties, Homesure, KA Homes, Trinity Properties and Letts Agree.

We have first-hand experience of the standards out there.

Landlords usually move a tenanted property because they are not getting paid, a tenant or neighbour has contacted them or the local council become involved.

epic fail

  1. Tenant Deposits not lodged with a deposit scheme, lodged late, missing or invalid notices
  2. Short Assured Leases incorrectly dated making them assured tenancy contracts.
  3. Pre-tenancy AT5 Notices incorrectly served – creating assured tenancies by default
  4. Private Residential Tenancies using only the Government Model contract – no additional
  5. uses to protect landlord interests
  6. Inadequate referencing of tenants creating problem tenancies.
  7. Missing rental payments to landlords

To find out more about what these failures could mean to you visit the First-tier Tribunal for Scotland (Housing and Property Chamber) decisions page at:

www.housingandpropertychamber.scot/previous-tribunal-decisions

Deposit decisions come under Regulation 9 of the Regulations and Rule 103 of the Tribunal Procedure Rules in respect of the failure to protect a tenancy deposit and can be seen here:

www.housingandpropertychamber.scot/apply-tribunal/other-private-tenancy-applications

These are real cases against landlords, and real fines paid to the tenants.

Switching letting agent while your tenant is still in the property is what we do, again and again – for FREE.

A smooth transfer is achieved working logically and openly with your tenants. 

Watch my brief video to explain how we move tenanted properties to Key-Lets. What we do and how we work with you for a smooth and successful transfer.

YOU ARE LIABLE.

Tenants have the right to apply to the First-tier Tribunal for Scotland against their landlord for free.

This right has been in place since 2017 when the Tribunal took over the role of Sheriff Courts in all housing matters.

It is YOU, the landlord who will be instructed to attend the Tribunal – NOT your letting agent.

Many landlords often forget or assume liability for any work done by their agent lies with their Letting agent.

This is FALSE.

Your agency management agreement allows your agent to act as you, similar to how a Power of Attorney gives rights to a family member over your affairs.

 

FREE MANAGEMENT REVIEW.

Find out if your agent has fully protected you with a FREE Management Review of their work.

The review puts no obligations on you.

Occasionally we find landlords decide not to move agent until the tenant leaves.

Opposite is a contact form to set up a one to one Zoom call or telephone conversation with me.

A copy of your Management Agreement and current lease/s would be useful in our conversation.

You should have other paperwork too from your agent.

Below is a list of the paperwork we require from letting agents in a transfer.

Most items you should have in your files – if not why not?

1. Tenancies BEFORE Dec. 2017 (Short Assured Tenancies – SAT)

  • All contact details for each tenant and any next of kin
  • Each tenant application form and references
  • Current signed lease for each property
  • Signed pre-tenancy AT5 notices
  • Signed and dated Repair Standards Notices
  • Tenancy Deposit Certificate for each tenancy
  • Prescribed Information Notices for Tenancy Deposit Scheme for each tenant
  • Signed and dated acknowledgement of Prescribed Information for Tenancy Deposit or proof of serving for each tenant
  • Signed and dated Tenant Information Pack acknowledgements or proof of serving for each tenant
  • Current safety certificates for gas, legionella, EICR and PAT tests
  • Signed and dated inventory for each tenancy
  • A full rent schedule for each property.

2. Tenancies AFTER Dec. 2017 (Private Residential Tenancies – PRT)

  • All contact details for each tenant and any next of kin
  • Each tenant application form and references
  • Current signed lease for each property
  • Evidence tenants have read leases prior to signing
  • Tenancy Deposit Certificate for each tenancy
  • Prescribed Information Notices for Tenancy Deposit Scheme for each tenant
  • Signed and dated acknowledgement of Prescribed Information for Tenancy Deposit or proof of serving for each tenant
  • Current safety certificates for gas, legionella, EICR and PAT tests
  • Signed and dated inventory for each tenancy
  • A full rent schedule for each property.

Here are two downloads I have put together explaining our transfer process.

I am sure they will be of use to you.

We also have transfer templates landlords can use to notify your letting agent, as well as advice on how to seek compensation where your letting agent has failed in their duty to protect your interests.

Speak soon.

           tim signature

              Tim Williamson, Owner

 

LETTING AGENTS CODE OF PRACTICE

All Letting agents in Scotland have to be registered with the Scottish Government and display their Letting Agent Registration Number (LARN). Key-Lets is LARN 1903012.

Agents without a LARN are breaking the law.

The Letting Agents Code of Practice are a list of rules agents can be judged against by the First-tier Tribunal for Scotland. You can download a copy here…

www.gov.scot/publications/letting-agent-code-practice

There is no requirement for letting agents in Scotland to be in a redress scheme as there is in England as the Tribunal judge agency failings.

Some franchise letting agents and estate agents who do lettings are members of ARLA Propertymark. ARLA members have to accept membership of a redress or ombudsman scheme. This offers another opportunity for landlords where the agent has not done their job.

For more information on cases against ARLA agents go to:

www.propertymark.co.uk/complaints/tribunal-hearings-and-terminations

For more information on how to raise a complaint with ARLA go to:

www.propertymark.co.uk/complaints

Read more Switching Agent Blogs...

HIDDEN LANDLORD FEES IN SCOTLAND

Hidden letting agent fees in Scotland

In Scotland fees to tenants, known as ‘premiums’, were banned under the Rent (Scotland) Act 1984,
READ MORE
11. RENTS ARE TOO LOW

Are Ayrshire rents too low?

Is the rent you are get too low for all the work you do? Or do
READ MORE
property management word grid

How do I Change my Letting Agent Mid-Tenancy in Scotland

If you’re experiencing problems with your letting agent then you are not alone. In the last
READ MORE
ignoring 2

Is your Agent ignoring you?

Poor communication is a common reason many landlords give for moving their properties to Key-Lets. Failing
READ MORE
Talk to Key Lets Ayr
formfill
- Fill in the form and I’ll call you