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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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Ive rented a managed property through Parkers Estate Agents.

Customer Question

I've rented a managed property through Parkers Estate Agents. The property flooded, and the landlords didn't want to return the outstanding rent. The Estate Agent says that's our problem, as they no longer act for the landlords. Do I have to take up this complaint with Parkers Estate Agents (as they were managing the property), or the Landlords? Are there any solicitors who will deal with this for us? It's a small claim, £1,000k.
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. Firstly, you here sue the disclosed principal, the landlords. The Estate Agents have no liability in law for problems with the property. Secondly, flooding is not an "act of God". In every rental agreement or tenancy, there an implied covenant for quiet and peacable enjoyment of the property. Where the property is flooded this implied term is broken. So you have the right to sue and recover for all damage and loss suffered, such as damage to your possessions, property and furniture. Additionally, you will be entitled to compensation for seeking somewhere else to live. Finally, you will get compensation for the loss of enjoyment of the property.

Buachaill :

2. I would suggest you either handle the claim yourself or get a solicitor on a contingency fee arrangement, as legal fees will quickly eat up the 1,000 value of the claim.