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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a letting agent. A previous landlord of ours has had

Resolved Question:

I am a letting agent.
A previous landlord of ours has had issues with tenants that we introduced to his property. They are in rent arrears for over £3,000 and he has taken them to court.
He is advising us that he is going to seek legal action against us as a result of not carrying out credit checks for the tenants.
The tenants were managed by us from June 2013 to Dec 2014 and were not in ANY arrears. When the management was changed to another agent, the arrears accrued. They had a nil balance before this and were excellent tenants, the problems only started with the new agent.
We sent terms and conditions prior to taking on his portfolio direct to this landlord which clearly state we do not do credit checks. Terms and conditions are not signed by landlord - all communication was via phone and at the time, he just wanted tenants moved in ASAP and was not concerned about any references.
We never advised that we carried out credit checks as part of our service.
All references were carried out and we have evidence of them and they all passed fine.
Does landlord have any legal right to take action against us?
In addition, our management service 'guaranteed' rent for him, this obviously stopped when he changed agents. Can we be penalised for the choices the Landlord made?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.No he cant and if he does he will lose.If you didnt advertise or say you did credit checks then you are under no obligation to do so.Further he switched agents - they could have carried out checks.So no, you are not liable.Can I clarify anything for you about this today please?Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Alex, that's helpful. He is being very nasty about the whole situation but actually we fulfilled every aspect that we said we would and he only experienced these issues when he moved to the new agent in December 2014.
Thank you
Expert:  Ash replied 1 year ago.
Thanks!

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