THREE letting agents have been fined a total of £8,000 after a council investigation found they were operating illegally.
Relish Residential Limited, Smartmove Properties Management & Services Limited and J Jackson Properties Limited, who are all Darlington-based, were acting as lettings and property managing agents without belonging to a Government-approved redress scheme.
A change in the law meant letting agents must now be a member of at least one of three redress schemes in case of tenants’ complaints – the Property Ombudsman Scheme, Ombudsman Services Property and The Property Redress Scheme.
The requirement came into force on October 1 last year, although thereafter a three month period of grace was allowed in order that firms could comply.
Relish, which has since been taken over by a new owner, and Smartmove Properties Management, had appealed Darlington Borough Council’s decision to issue a final notice against them, only for a tribunal to uphold the decision.
They were fined £3,000 and £2,000 respectively.
J Jackson Properties Limited, which was fined £3,000 by the council, accepted the final notice without challenge. All three are now properly registered.
Lynn Smith, who reported one of the firms, Relish Residential, to Darlington Trading Standards for not being a member of a redress scheme, said she was delighted with the council fine.
She had complained a cottage she rented in Cotherstone, near Barnard Castle, through Relish was uninhabitable and in disrepair.
Ms Smith, of Hutton Magna, near Richmond, later won a small claim against the Middlesbrough-based landlord of the property after taking him to court for not repaying her four months advance rent.
She said: “It is like having an accident with an uninsured driver, there is nowhere for you to go and you have to do it all yourself.
“If they had been the member of a scheme I could have gone to an ombudsman and got some redress.”
Ms Smith had been recovering from cancer when she moved into the property and said the experience had damaged her physical and mental health.
It is understood she and a previous tenant who lived in the cottage are now considering further legal action.
Councillor Chris McEwan, Darlington Borough Council’s cabinet member for economy and regeneration, said: “Access to a redress service is very important to private tenants if a problem does arise.
“The vast majority of local lettings agents signed up to a redress scheme voluntarily before the legislation was introduced.”
David Burrell, the council’s private sector housing manager, said it had a duty to act and legal action would be taken if agents failed to adhere to legal requirements.
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