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Landlords' fury as authorities 'turn blind eye' to failed agents

Tuesday 19th July 2011

Tenants and landlords of two more failed letting agencies are furious at the alleged loss of their deposits and rents – and the reluctance so far of authorities to take action.

One victim said: “It appears that anyone can set up as a letting agent and take tenants’ and landlords’ money, and the authorities will turn a blind eye to it all.”
 
One of the agents was in Swansea, Wales, and the other in Glasgow.

In Swansea, ADS Lettings went into liquidation last December 17. It was run by Steve Lewis, who was until eight months earlier a Martin & Co franchisee.

Sue Hopson, brand director of Martin & Co, said: “Martin & Co (UK) Ltd were experiencing commercial differences with Steve Lewis and after much discussion it was agreed to release him from the brand.

“He was going to continue to trade however under his new company name of ADS Lettings and continued to operate as an independent agent from the same premises.

“He changed his marketing to reflect his new company, set up a new website and continued to trade under his new company. The release occurred on April 16, 2010.

“Steve provided us with a list of the current landlords and tenants for whom he acted as a managing agent and therefore we wrote to them accordingly to confirm that he was no longer part of the brand and reconfirmed his contact details.

“We have had no further contact with him since he became an independent agent.”

An angry tenant who dealt with Steve Lewis when he was running his Martin & Co business is attempting to get his deposit back after his tenancy ended – with no disagreement between him and his landlord. He knew that his deposit had been protected by the TDS.

However, on contacting the TDS after his tenancy ended, he was told that the scheme had written to him last November staying that the deposit would only be covered for a further three months.

The tenant says he never got the letter, and was unaware that his deposit had disappeared. He said: “I am still trying to find out what has happened and where in fact my money is.”

The TDS has suggested he takes legal advice.

In Glasgow, a firm called Access Properties (Scotland) ceased trading about mid-May this year. It was run by Niki Ihle, who is now acting as a consultant for another letting firm, At Home Property Letting.

Angry customers claim that they have been told by Glasgow Trading Standards that she has no assets to pay out.

One said: “It seems that the authorities won’t help. Whether Niki Ihle’s story is credible remains to be seen. The police won’t help, as to them it is a civil matter. Trading Standards are ready to give up.”

He called for regulation of letting agents, a mediation service for complaints, a requirement to hold tenants’ deposits in separate protected accounts, and a requirement for letting agents to hold insurance.

We contacted Niki Ihle who said: “I am not interested in talking to you.”



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(8) Comments | Report Abuse

Added by Chester Landlord on 2011-12-01 06:28:07

Interesting to see yet another Franchisee or "former" franchisee of Martin and Co going into Liquidation. Its now over 2 years since the Chester Franchise went into liquidation and no-one has seen any reimbursement of lost deposits or unpaid rent, yet another case where Martin and Co "released" a Franchisee and then claimed they had no responsibility for the inevitable but made little efforts to inform those affected or help them when things went wrong
Added by scottavinabeer on 2011-07-26 15:22:47

I would like to make it very clear that Niki Ihle has no connection with and does not work for "Feel At Home Ltd" who trade in property lettings in Ayrshire.
Added by scottavinabeer on 2011-07-26 15:18:36

I do not understand the connection with Martin & Co. Surely with the passage of time, after 8 or 9 months, all of the landlords and tenants knew that they were not dealing with Martin & Co. They must have known that the agent was trading independently.

If you knew that the agent had been dropped by Martin & Co and you were happy to continue with him,then now that it has gone belly up, you should take it on the chin.

Other than kicking him out of the brand and informing the clients, I dont see that Martin & Co could have done much else.
Added by Where were you when I needed you on 2011-07-22 17:11:36

At least when the Belvoir man in Norwich stole £140,000 of his clients money, he ended up in clink. Belvoir themselves did absolutely nothing to help landlords/tenants, who had gone to the Norwich man believing he was part of a reputable national chain, to get their money back. As I've said before, a Franchise is only as good as its weakest franchisee and to protect the innocent, it is the franchisor's absolute responsibility to police all franchisees. Something Belvoir in Norwich failed to do - the Norwich man displayed NALS membership in his office but clearly that had lapsed some time before he got caught. If he had retained his membership (or been forced to by proper auditing) at least CMP would have been in place to maybe offer some solace to the unfortunates who had lost their shirts.

On the face of it, Martin & Co did check up on their boy and booted him out. Under European Law, they would have been prevented from preventing him continuing to trade as a letting agent under his own name.

CMP is not the great saviour its made out to be. Its an insurance - an insurance company's job is to take the premium and resist paying the claim!
Added by Sam on 2011-07-21 08:53:47

Agree with Louise 100%, Agents should be forced to carry CMP. I know of one agent locally who has liquidated two companies but carried on trading under the same name without so much as a visit from trading standards or indeed HMRC to whom tens of thousands of pounds are owed. In circumstances like these the client account should be thoroughly investigated as with history like this I would be surprised if it has survived intact..........
Added by Louise on 2011-07-20 16:31:51

Yes, CMP - Client Money protection at least gives the Landlord and the tenants some confidence when they choose an Agent. In our area the landlords just want cheap agents and then as in this story the tenants pay the price. what Landlord will actually repay the tenant the deposit unless the tenant is well-informed? All Agents should be forced to have CMP or not allowed to be trading
Added by Industry Observer on 2011-07-19 13:18:59

So Martin & Co basically removed their name from above the door of an agent they knew to be a danger to his clients so he simply carried on trading as before.

Did Martin & Co write to those clients - never mind what the agent did which was probably nothing.

And M&Co have the temerity to criticise SAFEagent?!!

Also of course just underpins my argument that no-one should be allowed to hold another party's money (agent or Landlord) unless licensed and authorised to do so.
Added by Peter on 2011-07-19 09:31:02

Interesting to see that when reading these articles where agents have gone out of business that tenants have lost deposits. I wonder how many landlords will disclose to their tenants that landlords are liable for the return of the tenant’s deposit. Reinforces the need to choose your agent wisely and ensure the agent has CMP in place.
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