Management agent who didnt manage rental

Could someone please advise.

A friend who lives overseas has been renting his house here for a few years on and off. He had an estate agent/auctioneering firm acting as management agent for it here since last year. They put in tenants who caused quite an amount of damage and had some visits from the gardai. All of this happening unknown to the owner. When these tenants left the management agent, who was commanding a hefty fee incidentally was meant to get the house professionally cleaned, which didnt happen either, in fact they were so negligent about it all they didnt even lock up the place properly, thereby leaving the house needing a fair investment in repairs and cleaning by the owner upon their last return.

So what options does the owner have in this instance, being heavily out of pocket and having paid someone to manage the property to obviously didnt (short of smothering the management agent in the snow)

What does your friend’s copy of the agency agreement (with original, witnessed signatures of both parties) say?.

All the advice posted here on the thepropertypin.com will only be users opinions and may not help you in legal terms.

After that bit of a disclaimer, I recommend you go speak to a soliciter if you want options.

He should go down to the office and make a massive fuss the come back the next day and do the same, only ever go in if they have customers. Make it clear that he’ll keep doing it till they refund the fees for the last year that the best he can hope for.

Could also stand around with a sign (or pay somebody to) showing photo of the good job they did. All legal and cheap.

He should also complain to any governing body that they may be a member of. Getting all legal on them will only cost in the short term and in the long term he might get noting.

It doesnt take much to become a Management agent,thats the problem…

All you need is a pinstripe suit,flashy poncey shoes,cufflinks,fake rolex,a bucket of hair gel,put on D4 accent and a good dollop of laziness/incompetence and hey presto,that will be 10% of rental income sign here here here and there… now fock off while I rent your gaff to the the biggest focking skanger I can find.

No governing body for property managers but this is recommended by the national consumer agency:

consumerconnect.ie/eng/News_+_Research/Press%20Releases/Property%20Management%20Companies.html

National consumer agency if terms and conditions were agreed in the begining but if your friend PRESUMED that management company will do all this stuff than good luck to him.
They can charge fee but still say it was not their job in the absence of any document pinning down thier role.

And hey, its just the begining of downturn in property management business. In few years time, not only they would look after rental properties but you may find them cleaning it for few extra bucks. Imagine an EA walked in to an apartment in his stripe suit and rolex (fake of course); enters in to house; closes door behind him (internal matter); takes off his stripe suit and there you go cleaning floor himself in underpants. 8DD

It’s likely there are some emails between the estate agent acting and your friend, so it’s possible that the agent, in intervening and accepting the responsibility but not acting responsibly, has a legal case to answer in the civil courts. There is a lot of case law on that general theme, where a person assumes a duty of care, even though they don’t theoretically have one.

Worth getting some legal advice. Brian O’Reilly (BPO’Reilly) used to spend a lot of time on Newstalk’s Late Night with Declan Carty giving legal guidelines.

bporco.ie/live/newstalk/

Might be worth trawling through.