As a landlady, and I have used a letting agency to find me a tenant which they did. They were supposed to check his references before allowing him to sign a 12-month AST contract and move in, which they did not. They have not done that and now, 3 months later, the tenant has disappeared without paying the rent and leaving me with all his unpaid bills. What is worse, that tenant's real identity is in my opinion in question, but in any case, he is untraceable. I am starting the process of suing the Agency to refund me their tenant-finding fee for the remaining of the contract and the expenses. My question to you is: can I sue this agency for the remaining amount of the 12month AST tenancy agreement, (signed January 2015), instead of suing the tenant (for the remaining of the contract), because due to their negligence, I have no way to trace the disappeared person who lived in my property. Regards ***** ***** email *****@******.***
1. the agencies T&C specify they do the references checks for all prospective tenants;
2. i was not asked to confirm the tenant nor offered to see his references prior to signing the contract and him getting the keys. i have not meet or seen this person at any stage of the process.
further to my previous answer to these two questions, additional answer to (2)
- the agency signed the contract on my behalf, so i was not even present on the signing of the tenancy contract with the tenant.
they asked me by phone can they sign the contract on my behalf to which i said yes. Later on, on reading their T&C, i saw that that is their usual practice.
as for specific authority to let the property with or without my authorization, i do not know the specific answer to that: They said they found this tenant, he is willing to sign the contract immediately and (in effect) they informed me prior to it happening. does that mean they asked my permission or were they just informing me, - i do not know, from legal point of veiw, at least!
i am receiving your replies twice- i assume you got my reply first time.
please ignore this if you already received my response to your second question.
hello did you receive my last question please?
they (the agency are not part of any of the ombudsmen schemes and are operating illegally, despite the logo being displayed on their website
keys- the tenant has posted the keys back to the agency and collected all his personal belongings from the flat prior to that, so i am now in legal possession of the flat and i see no problems in this area from the tenant (for now at least!).
given that the Agency is operating illegally, how is that going to get me my money back , apart from reporting the issue to the relevant ombudsman who will/would/could/chase them/ and close down etc.
in the Companies House, there already are few similarly named agencies like this one with similar/same addresses, so i assume once they were legally closed down, they just reopened under a similar name and continued trading. i therefore believe they would be willing to settle the dispute without going to court and hiring a solicitor to argue their rights. would you advise in this case going to Small Claims Court directly, rather than to ombudsman first? - given that they are not 'in normally strong position' to start ,or i am wrong in believing that i can get any money out of them in any form/shape?