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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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I am a landlord in Scotland My letting agent has let me down

Resolved Question:

I am a landlord in Scotland
My letting agent has let me down by not processing the rent properly and by allowing the outgoing tenant to go without doing an exit inspection which showed up dilapidations in excess of fair wear and tear (I have photos). They have not produced Inventories and they have not returned all of my Keys
I have had to redecorate and carpet the flat and change the locks but have no recourse to the tenants for the recovery of approximately £2000 costs.
Can I take the Agent to the small Claims Court and hope to recover my damages?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
and how would I go about this?
Expert:  JGM replied 1 year ago.
If you would not have suffered loss but for the negligence of the agent and you can't now pursue the tenants or take a deposit in lieu then you can make a claim against the agent in the small claim court. You have to download the small claim form at www.scotcourts.gov.uk and complete it and take it to the court along with the court fee. You should be aware of the small claim rules and guideline, also at the same site, so that you follow the correct procedures for service and taking the action through the court procedures. Generally there is a return date by which time the defending party has to respond to the summons and a calling day when the court will call for a preliminary hearing. If the court can't help you reach a settlement at the preliminary hearing the case will be set down for a full hearing where the court will hear witnesses and examine the evidence. you have to be quite clear that you are happy to do this yourself. If not a solicitor should be instructed. Happy to discuss further.
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