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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am a landlord who has had to follow the eviction process To

Resolved Question:

Hi
I am a landlord who has had to follow the eviction process
To remove a tenant who had not paid the rent
For over a year. The property was a managed let
And a monthly fee was paid to the letting agent
My question is the property had been badly damaged
Needs clearing of rubbish from top to bottom and requires
A new kitchen. As the letting agent didn't complete
Regular 6 monthly inspections as they said couldn't
Access the property do we have any legal recourse/ compensation to
Recover all the costs we are incurring as they have
Been negligent?
Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask why the couldn't carry out inspections please? Did the tenant refuse to let them in? Did they continue to try to obtain access?
If inspections had been carried out how would that have changed things in terms of your loss?
Customer: replied 2 years ago.

Hi Joshua

We were told by the letting agent that they were unable to gain access as the tenant didn't let them in. However my understanding is that the tenant does not need to be present they just have to be given at least 24 hours notice so the inspection can take place.

I don't believe the letting agent continued to try and obtain access. I believe if regular inspections had been carried out and the letting agents presence felt and known would not have led to the horrendous condition of the property as it is now.

The first year there were no problems with this tenant and then they stopped paying rent and have basically left the house needing to be cleared of rubbish at cost of at least 750 pounds flooded the kitchen resulting in the kitchen being rotten and needing replacing and left unpaid utility bills.

I would like to know can we claim any compensation from the letting agent as we feel they have been negligent in their duties.

Many thanks

Vanessa

Expert:  Joshua replied 2 years ago.
Many thanks for the above. Your understanding regarding access is correct providing the tenant has not specifically responded to a notice advising of access with an instrution not to enter. If they did that then it would be unlawful to enter as this can be a criminal offence to do so in defiance of an instruction not to enter under the Protection Against Eviction Act. Accordingly the agents may or may not have acted properly though they would need to be able to show a copy of the tenants intruction not to enter to justify a failure to attempt to access.You can ask the agent for evidence in this respect to justify its failure to undertake its obligations under its management contract - it must justify any failures which could otherwsie amount to negligence of breach of contract to you as its client.if the agent is unable to justify why did not fulfil its contractual obligations as above, then you may have a claim against them for breach of contract or negligence. As to the amount you may be able to claim, this would depend upon what you can show you suffered in terms of a loss as a result of their failure. If you can show a failure, one obvious area in which you could claim would be potentially the difference between the cost of a full management service, and a partial management service by the agent - if they were not fulfilling their obligations under the contract, they would struggle to justify their full fee.As to whether you could make a further claim in respect of loss and damage to the property, you would need to be able to demonstrate that their failure to carry out their obligations under your contract with the agent resulted in loss which otherwise could have been avoided. Achieving that is not quite so obvious but if you can show that had they attended to their obligations you would have likely suffered more limited losses then you could attempt a claim in this respect.if you decide to bring a claim, the first step is to request that the agent provides you with the above evidence to support any failure to carry out their responsibilities under the lettings agreement and from there, if you are not satisfied with the information supplied, submit a formal complaint to the agent. They are required to provide you with a formal response under the terms of their complaints procedure. If you remain unsatisfied with therefore reply, you can refer your complaint to the property ombudsman service of which the letting agent must by law be a member. There are one of three schemes and they all operate in a similar manner which is that they can independently review your complaint and make a determination which is binding upon the letting agent though not upon you. If they agree with your complaint, they have the power to award compensation which the letting agent must pay. The property ombudsman service is free of charge and if you are not satisfied with their determination, you can reject it and issue a claim in the County Court.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

Hi Joshua

Thank you very much for the detailed response which is very helpful indeed.

Many thanks

Expert:  Joshua replied 2 years ago.
I am glad the above was of assistance. Best wishes
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