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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was paying an agent to let my property (Direct Lettings) Because

Customer Question

I was paying an agent to let my property (Direct Lettings)
Because of the state of the property the tenant got a notice to quit but did not vacate the property for 6 months owing in excess of £1200
I have photographs showing the state of the flat
Agent said a landlord should expect their property to be left in this disgusting mess when they let it out
I have since had to spend £21,000 to put things right
I did not know people in Scotland lived like that but was expecting agent to look after property on my behalf
Would it be possible to take agent to a small claims court as they did nothing about collecting unpaid rent
I am not expecting any of the money spent on bringing the flat back to a decent state
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know if the agent did periodic inspections of the property?
JACUSTOMER-auf7s3qt- : The agent said they paid visit but a wall was taken down in the kitchen and they knew nothing about this
JACUSTOMER-auf7s3qt- : The tenant was in the property since July 2000
AlexWatts2013 : Did they visit every 6 months please? Was it a fully managed let?
JACUSTOMER-auf7s3qt- : Yes it was a fully managed let and I paid 11 per cent of any rent paid
AlexWatts2013 : Was it contracted that they inspect every x months?
JACUSTOMER-auf7s3qt- : 3 monthly checks I was told but when I questioned this they were unable to tell me how often they visited the property
AlexWatts2013 : Did they not keep any paperwork?
JACUSTOMER-auf7s3qt- : No they at one point they asked for a copy of my paperwork. And they had nothing on computer
AlexWatts2013 : If the agent has not done their job for which they were contracted to do then yes you would be able to sue them. This is because you had asked them and contracted with them to carry house inspections. Either they did not carry out the inspections which would be breach of contract with them or they did not pick up the defects in which case they are negligent. As such I am of the view that you would be able to sue them for both breach of contract and in the alternative negligence based on the fact they have given you a very poor service.
AlexWatts2013 : I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
JACUSTOMER-auf7s3qt- : You have taken two lots of £47 00 when I only wanted to ask one question please return £47 00 immediately
JACUSTOMER-auf7s3qt- : Why have you taken two lots of £47 00
JACUSTOMER-auf7s3qt- : why have you taken two lots of £47.00 please return one lot immediately