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Rental agents question

12 replies

picklemewalnuts · 03/03/2020 19:45

DM is landlord to properties managed by an agency.
If she were incapacitated in some way (she is 80) how much freedom does the agent have to keep things ticking over for the tenants? If an oven needed repair for example- Can they get on with tasks and refund themselves from the rent?
They were very helpful when my dad became ill then died and she took over.

DM doesnt like talking about these things, and would be furious if i asked the agent! We know we need PoA, but she's not the most cooperative.

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SarahAndQuack · 03/03/2020 19:51

I'm sorry to be so blunt, but I rented a property through an agency; I only discovered that the owner had died a couple of years previously when her estate finally got around to putting it on the market. This was just over 10 years ago, and laws may have changed. But I would never have known unless they'd put the place up for sale.

picklemewalnuts · 03/03/2020 19:55

That is excellent news! We don't want her tenants to be inconvenienced by her incapacity. She's well, but temperamental!

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picklemewalnuts · 03/03/2020 19:56

Of course, you don't know what went on between the agent and the owner's family.

We just don't want them stuck in a no man's land.

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Pipandmum · 03/03/2020 19:58

There's usually a fund for things like that. I get an email from managing agents saying the tenant has a problem with x can they go fix it and I say yes. Sometimes if it's minor they don't ask. If there's not enough in the fund they take it from the rent.
However the agents are not ultimately responsible for your mother's property. Someone needs to be. Can you ask her to tell the agents (probably in writing) that should she be 'unavailable' you (or someone) can make decisions. Not sure this needs to be a PoA in this instance if she tells them herself.

picklemewalnuts · 03/03/2020 20:03

That sounds positive- we will get there, but just as some reassurance while she decides it's a good idea.

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littleleeleanne · 03/03/2020 20:06

I used to work in lettings and we had varying landlords like this.
Exactly how you've said it, if something was needed within the property we use to get it sorted and then deduct the costings from the monthly rent.
Is there anyway you can help look after the property through the agents? For example if there was a new oven needed, could they just ping you an email to get authorisation for the cost so you could just double check it? The only reason I'm saying this is because sometimes there isn't time within a company to look around for the best deal of oven, so would just get an electrician to get it sorted for example which obviously costs more. Just thinking of your Mum Smile

picklemewalnuts · 03/03/2020 20:41

Yes, thanks LittleLeanne. That's what I'm hoping to do. Dm is a little contrary.

She doesn't think anyone will do anything as well as she does, that we'll waste her money. However, she can't actually do things herself very well. Struggles with tech, so loses phone numbers, emails, texts, log in information. Struggles with personal organisation and gets very stressed. Things take her ages when they really don't need to.
We're trying to lighten her load, but she's a bit resistant.

What you've said is very reassuring. Thank you.

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littleleeleanne · 04/03/2020 12:58

We use to be able to send an email to more than one person from our system, so if they send your Mum an email you could be copied in just for safe measure?

LIZS · 04/03/2020 13:03

It depends on her contract with them. There may be a defined limit on repairs and ultimately the statutory responsibilities lie with ll. Worth getting poa while you can.

picklemewalnuts · 04/03/2020 15:30

Thank you! You never know, she may suddenly realise she'd benefit from the help and that we aren't useless spendthrifts.

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GoatyGoatyMingeMinge · 04/03/2020 19:51

The common law rule is that the supervening incapacity of the principal terminates the
authority of any agent, Yonge v Toynbee [1910] 1 KB 215.

picklemewalnuts · 04/03/2020 20:55

Oh dear.

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