[Anonymous]

At last a bad practice not here in Spain.

Today we can see in the press that in the UK there was a construction carted which inflated prices:

http://www.telegraph.co.uk/money/main.jhtml?xml=/money/2008/04/17/bcnconstruction217.xml

[Anonymous]

Peterpara: The difference in Uk is that we call it will all other names.

http://money.aol.co.uk/money-news/firms-accused-in-price-fixing-probe/article/20080417025309990001

[katy]

Probably some brown envelopes around too…at least a few golfing trips 😉

[Anonymous]

Is this supposed to be news?
Whenever I have mentioned that the industry in UK can be compared with that in Spain, in many circumstances, it is always mentioned that it is Spanish contractors and developers are corrupt.
Perhaps some may realise there is a big world out ther.
Why is it now that it is given so much attention.
Cartels, in oil, aviation, concrete, cement. Why not construction.
Everyone else knows, why didn’t the OFT?

[Anonymous]

OFT: Is an impotent set up. Its only recently starting from BA & Virgin, price fixing cartel on the north Atlantic route and that their existence have come to light.

They are currently investigating estate agents charging commissions on renewal of rental contracts. Foxtons are the test case.

[Anonymous]

I am not an estate agent.
I have never been an estate agent.
I will never be an estate agent.
I would not want to be an estate agent.

That matter cleared uo, in case I am accused of being biased towards estate agents.
Tell me why an estate agent should not get a fee for renewal of a rental contract?
If they are involved and have to do the contract paperwork, why shouldn’t they get paid?
If their clients don’t like their terms, why use that estate agent?

[Anonymous]

“why an estate agent should not get a fee for renewal of a rental contract?”

1) Do not advertise the property.

2) Do not make fresh appoitments

3) Do not take the prospective tenents to the propetry.

4) Do not take fresh set of reference.

5) Do not prepare a fresh contract.

The clients use them to introduce a tenant for which the agreed fee plus VAT is paid. The estate agents like the banks are a cartel. I do not see how the same level of fee is due to them when the level of work is negligible at the time of renewal,

[Anonymous]

1) Do not advertise the property.
Fine

2) Do not make fresh appoitments
Fine

3) Do not take the prospective tenents to the propetry.
Fine

4) Do not take fresh set of reference.
Why not when circumstances can change so drastically.
The landlord should insist on it and make it a condition of terms with the agent.

5) Do not prepare a fresh contract.
Why not?
The landlord obviously doesn’t mind, or why would he agree?

The clients use them to introduce a tenant for which the agreed fee plus VAT is paid. The estate agents like the banks are a cartel. I do not see how the same level of fee is due to them when the level of work is negligible at the time of renewal,
If the landlord is not happy with the terms, why agree to them.
It as if you are saying that clients are afraid of the estate agents. They are salesmaen and many unqualified, so why be afraid of dictating terms when they work for you. Without the landlords, they would be out of business.
What is considered a reasonable fee for the renewal of a licence?

[Anonymous]

4) Do not take fresh set of reference.
taking a reference is irrelevant as the tenants are already in the property. and the reference are historic.

5) Do not prepare a fresh contract.
Its not necessary an appendix of a A4 page is prepared giving the new rent, the address of the property and the extension period.

If the landlord is not happy with the terms, why agree to them.
The landlord do not have a choice. As at the beginning of the contract are the terms that are agreed ( no mention is made of renewals ) This is a practise with all agents that is my point of cartel.

Its not a question for fear or dictating terms. You can do this with commission as the competition allows for it. But the renewal is where the cartel comes in. As I said that OFT is looking at the renewal fee.

[katy]

Didn’t take long to go off topic!

[Anonymous]

“taking a reference is irrelevant as the tenants are already in the property. and the reference are historic.”
But why wouldn’t anyone wish to obtain updated references. It could be that in the previous 12 months a tenant would have gone bankrupt, so credit reference should be completeley different?

“Its not necessary an appendix of a A4 page is prepared giving the new rent, the address of the property and the extension period.”
So it is assumed that the schedule of dilaps., etc., remains as 12 month previous?

“The landlord do not have a choice.”
More fool the landlord then, he should not have agreed the terms initially.

“( no mention is made of renewals )”
Perhaps some landlords need educating in that they should read documents?
If no mention is made, do you mean in the written contract, as if so, how is it enforceable?

“This is a practise with all agents”
Not all.

[Anonymous]

Sorry, that the topic has been hijacked.
Mg: I do not wish to answer any more clearly you do not understand how the market/sector works in reality.

[Anonymous]

Anyone else notice that a stock reply from shakeel does seem to be “you do not understand”, when you question a comment she has made.
I can only assume that “you do not understand” translates to please don’t ask too difficult questions of me.
Shakeel obviously supports:
1. Not to update references of your tenants, even 12 months on.
2. Just to assume that property doesn’t get damaged during a year of letting.
3. A landlord should agree with whatever the agent wants.
4. Landlords should not read what they are signing up to and for
❓ ❓ ❓

[Anonymous]

Hi
Before you all go back to the topic ?
m.g 🙂 I do like reading you posts as your spelling really is worser than mine
Appoitments
Tenents
Landlors
hat clients.

If you are sooo clever as you portray yourself to be then there is hope for me yet 😆
Great to see someone so fick as me at spelling .Hope you take it in the light hearted manner intended 😆

Just Frank 8)

[Anonymous]

I am afraid if one does not know or understand what am I suppose to say. I am happy to answer any difficult questions and I have done so.

I cannot waste my time and bore other people on the forum.

[Anonymous]

For all interested, here is the answers to the so called difficult question. They are so difficult that I am under stress and need a drink.

1. Not to update references of your tenants, even 12 months on.
The tenant is with you and has paid the rent for the year as per his/her original contract. On what basis will you ask him/her to leave and if he/she does not leave and you take him/her to Court. No judge will give you possession on the strength of a less than AAA reference. Besides he/she has been with you and have either been a good tenant or not. Besides a bad reference can open the provider with libel case.

2. Just to assume that property doesn’t get damaged during a year of letting.
How is reference suppose to protect the property. Does a good reference taken at renewal will make good any damage. As a Landlord you take deposit and you make regular visit to see that no more damage has occurred apart from the acceptable wear & tear.

3. A landlord should agree with whatever the agent wants.
No, there is industry practise and the parties accept this until the practise changes in good faith.

4. Landlords should not read what they are signing up to and for
Now you got me. This is really difficult. Where are the pills.

[Anonymous]

Just Frank, sorry for my typos which have been corrected, however, where copying or quoting, I cannot be held responsible for others.

“If you are sooo clever as you portray yourself”
You flatter me by thinking that even I could think I am clever.

“Great to see someone so fick as me at spelling”
Fick fingered at typing. Spelling is better.

shakeel.
“difficult question”
Sorry you think they are.
To those used to instructing professionals to act on their behalf, it is the client that dictates terms.

“Besides a bad reference can open the provider with libel case”Bank reference- please be real.

“How is reference suppose to protect the property.”
It doesn’t, but a new contract and schedule of dilaps does.

“No, there is industry practise and the parties accept this until the practise changes in good faith.”
Which is many Spanish agents told purchasers when recommending a solicitor, who was connected to the developer.
Another joke.
Obviously the standard of agents that you have associated are below the standards I have experienced.

“Now you got me. This is really difficult. Where are the pills.”“The landlord do not have a choice. As at the beginning of the contract are the terms that are agreed ( no mention is made of renewals )”

I think that basically, the standard of service you are used to is not something I would accept.

Good of you to educate me though.
Many thanks.

[Author]

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