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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My problem is we rented a house and paid for searches to be

Customer Question

My problem is we rented a house and paid for searches to be done with intercounty estate agent, the tenent payments were erratic from day one, we constantly asked the estate agent for writen confirmation that the referencing was done, they would not confirm this in writing as they said this was data protection, I have used other letting agents in the past and have never had a problem, we said we did not want to see what they had said, but just wanted written confirmation, we needed to get the house back and they said we had to issue a section 8 and 21, they said they could issue these, they got them through the solicitor who we know now owns the franchise of intercounty, we ended up taking her to court for possession, which we had to pay him for. Has he got a conflict of interest here as I am nearly £9500 pounds down at the moment Irene Earl
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : I am sorry for your troubles Irene.
Alex Watts : What is your question about this and what do you want to achieve please?
JACUSTOMER-jm2ckezq- :

I want confirmation that the credit checks were done for some reason they have fobbed me off, when we got back in the house there was approx 120 debt letters and they are still arriving at approx 3 -5 daily, I have had the baillifs around 3 times and also the police, if the checks were not done I want conpensation from the estate agent and also the solicitor as he had a duel interest, 1 he owns the estate agent that supplied the tenent and 2 he represented me in court

JACUSTOMER-jm2ckezq- :

Thank you

JACUSTOMER-jm2ckezq- :

Irene Earl

Alex Watts :

This sounds terrible. What is it you want to achieve please?

JACUSTOMER-jm2ckezq- : I want to know if the letting agent done the proper credit checks if they were not done then I feel I should get compensation from the letting agent and from the solicitor who had a vested interest in the tenent and then charged me the fees for taking her to court
Alex Watts : Were they instructed to do credit checks? Does the agent deny doing them please?
Alex Watts : Did the agent inform you of the relationship between the agents and solicitor please?
JACUSTOMER-jm2ckezq- : Yes they were instructed, they said they had done them but would not confirm this in writing. As the client they put in owes thousands of pounds we have had bailiffs and police round looking for her, we just wonder how she passed the credit checks. The solicitors office is in the same building, I did not know it was his franchise
Alex Watts : First thing you should do is a check at the trust registry. This will allow you to see if you have a previous address any ccj's.
Alex Watts : The o
Alex Watts : The cost is £4 a search. They are at http://www.trustonline.org.uk/
Alex Watts : If it shows ccj's at a previous address then you could potentially sue the landlord for breach of contract and claim loss and damage.
Alex Watts : But if you sue now, you would have to prove that they had carried out credit seraches, they do not have to show they have - you have to show they have not.
Alex Watts : In any event they should have declared an Interest in the solicitor used. You should have been informed.
Alex Watts : If not then again they are potentially at risk from being sued.
Alex Watts : In the first instance check with the trust registry previous addresses.
Alex Watts : The next option is to complain to the ombudsman,
Alex Watts : Their website is http://www.tpos.co.uk/
Alex Watts : Finally you could issue proceedings for breach of contract if that has happened.
Alex Watts : You can do this online at www.moneyclaim.gov.uk
Alex Watts : The court would issue the claim which would be sent to the agent. The agents will have a limited time to defend it, if not you can eneter judgment,
Alex Watts : If the claim is defended it would be set down for a hearing.
Alex Watts : If the value of the claim is £10,000 or less then it will be a small claim and you can represent yourself.
Alex Watts : Can I clarify anything about this for you today please?
JACUSTOMER-jm2ckezq- : Just one thing I am the lanlord, the estate agent found me this tenent who turned out to owe money at the previous address were she lived, and has run up debts at my house which she rented . What I am saying is all I want from you I have requested written confirmation fron the estate agent, that the credit checks were done, but they won,t do this verbally they have said they were done, but anyone can say this
Alex Watts :

Yes I understand you are the Landlord - they can say they have done it but you can search the previous yourself and see if there were CCJ's. If there are then the agent can not have carried out checks and if they did they were inadequate.

JACUSTOMER-jm2ckezq- : Thanks alex, that's all i wanted to know
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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