How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Im a landlord and have the following issues with my letting

Resolved Question:

I'm a landlord and have the following issues with my letting agent who were managing my property:
1) They didn't advise me that i needed a detailed inventory
2) They stopped conducting quarterly inspections as agreed as part of the management for the last two years of the tenancy.
3) They allowed the tenant to leave by paying rent from the holding deposit without my consent
4) Upon my inspection I found there to be damage to the kitchen worktop and carpets which i needed to replace. I lost the claim against the tenant because I didn't have a proper inventory and the agent did not mention it in the checkout.
Do I have any grounds to make a claim against the agent?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. For now please let me know did you have a signed contract with the agent please?
Customer:

Thanks Alex. Yes, there was a signed contract between us.

Alex Watts : And to be clear they didn't not comply with their contractual obligations ?
Customer:

Well that's my interpretation of it. What does the law say about:agents not providing the managed service they should have? And acting on my behalf without my consent? They have tried to pin everything on the tenant knowing full well it would be difficult for me to prove the tenant was responsible for the damage I found.

Alex Watts :

But it was part of the agreement they would do inspections etc?

Customer:

Yes, and they had been doing it (or least I received a letter every 3 months saying the property had been inspected) until Jan 2012.

Alex Watts :

In that case they are in breach of contract as they should have done it every 3 months and also in breach of section 13 of the sale and supply of goods and services act by failing to act with all reasonable skill and care.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?


Customer:

Thanks for that Alex. I think that's clear, I'll proceed that approach. I tried the Property Ombudsman but they provided no support or clarity and just wanted me to complete endless paperwork to waste my time. Thanks again, Elio

Ash and other Property Law Specialists are ready to help you