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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1172
Experience:  8 years legal experience
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Assistant: How can I help? rent garanti agent damaged

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Assistant: Hi. How can I help?
Customer: rent garanti agent damaged property and not putting right how it was can you help
Assistant: Where is the agent? It matters because laws vary by location.
Customer: North london
Assistant: What steps has the agent taken so far?
Customer: None he is aware of the damages his tenant cause but not doing nothing
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: How can I deal

Hello welcome to Just Answer.

Who has damaged the property, the agent or the tenant? And what damage was caused?

Customer: replied 6 months ago.
Rent the flat for rent Garanti agent his tenant damaged property badly unrentable and he aware of the damaged told me to fix it

When did this happen?

Customer: replied 6 months ago.
During the tenancy we still have contract with agent but he is not fixing damages
Customer: replied 6 months ago.
Can’t afford this fee
Customer: replied 6 months ago.
Can you advise from here
Your advertising said try for 7 days for £5.00

It is important to know what damage was caused and if it is the responsibility of the tenant or the agent. Do you know who’s liable for the damage or can explain what damage was caused?

Please ignore the phone call it comes up automatically and I have no control over it.

Customer: replied 6 months ago.
Can you call please***********for short conversations
Customer: replied 6 months ago.
I click call me requesting
Is that mean £44 now if it is I can’t afford this phone call

I am sorry I am unavailable for a call at the moment. But if another expert accepts you will receive a call.

Customer: replied 6 months ago.
Can you help please

Yes we can continue online if that is fine with you.

Can you explain what damage was caused? How long ago it was and if you know if the damage caused is the responsibility of the tenant to fix? It sounds like you may have to make a complaint against the agent and I can advise you on how to do this if the above questions are answered

Customer: replied 6 months ago.
His tenants pulled out radiator out of the wall damaged the walls broke windows , staircase door handles plug sockets so on
Customer: replied 6 months ago.
I went to see propertie I was crying brought to his attention he avoids me now
Customer: replied 6 months ago.
Tenant moved out
Customer: replied 6 months ago.
He rent the one of the room to new person now she is in there
Customer: replied 6 months ago.
This is the terms he write on the contract

Ok so you are the landlord?

I will provide my response shortly. But please just note that there may be delays but I will try and get back to you as soon as I can.

Customer: replied 6 months ago.
Ok thank you please help my contract still continues with him but I want to end it house unrentable

Hello I have reviewed your query and I am afraid it is not great news. The property is the responsibility of the landlord and not the agent so the landlord does have a duty to ensure that things within the property are liveable and maintained whilst the agent just has to manage the property. This means as the landlord , unfortunately, you would have to bear the cost of the damage.

However; the contract you have provided does state under clause 3.5 that the agent must return the property in a liveable condition. It does not sound like he would be doing that if the damage remains, therefore you may have a breach of contract claim against him if it can be shown that the property is not in a liveable condition.

What I would suggest you say to the agent is to point out clause 3.5 to advise that although the property is your responsibility that if it is returned to you as it is, it is in breach of the contract therefore he has to rectify it. It will then be up to you on how you wish to proceed, whether to take him to court for the damage or not. I must point out though that this may be a risk.

Another option you have is to use your insurance if you have one to help pay for the damage.

Another option going forward is to rewrite the contract for future , so it is more favourable for you so you can avoid this situation in future and include a clause that if the agent chooses tenants which destroy the property then he will be liable for the damage.

Lastly, the tenant that caused the damage, I presume they paid a deposit so the cost of the damage should have come out of their deposit. The agent should have ensured this happened. If he did not, then you can also have an argument that the agent has not acted in line with his duties and make a complaint about him to the property ombudsman or the trade body he is a member of. You can also request details of the tenant who destroyed the property and sue them for the damage, as this is what a deposit is for and if they haven’t paid for the damage then they would be liable , this should also be in their contract when they started the tenancy.

I am sorry I could not provide more positive advice but I have a duty to be honest with you and these are your options. I do hope you find them useful.

Please kindly provide a rating for my answer by clicking the stars at the top of the page. Thank you. John.

UK Solicitor John and 5 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Is it possible to get letter from you to say he breach his term on the contract I am happy to pay for the letter as long as reasonable charged for
Customer: replied 6 months ago.
Thank you

Hi thank you for the rating. I cannot write a letter for you or charge you for one, as we do not have a solicitor client retainer i.e. you have not instructed me to be your solicitor. I can only provide advice and guidance for you.

But not to worry because it is something you can do yourself. The clause under 3.5 is self explanatory so you can simply point this out to him that the damage is not returning the property in a liveable condition therefore it is a breach of his terms. You should also enquire about the deposit, because tenants simply cannot damage a property and get away with it. If this matter turns into a huge dispute, I suggest you seek the instructions of a property litigation solicitor who can help you further or return to this site where a qualified solicitor, like myself can point you in the right direction. Kind regards, John.

Customer: replied 6 months ago.
Good morning John
Agent took property no deposit agreement and rent the 3 bedroom flat each room to different people those tenant gone and ruin the flat agent now he is avoiding me and not putting flat back to liveable condition can I claim flat back under breaching his term while I have still in contact with him

You can try yes, follow the steps as above

Customer: replied 6 months ago.
Hi John
They have taking 4 times
£40 from my account
Can you please refund them
As I didn’t have tel conversation with you
Some one call me told them I don’t accept the call he said ok I will cancel the charge but instead has taking 4 times £40 out my account can you cancel them please refund the money
Customer: replied 6 months ago.
Phone rang I answered to say
I am allready texting you
He said ok
I cancel the call but didnt
Customer: replied 6 months ago.
No I didn’t accept

Hello. I will inform our customer service team to take a look for you

Customer: replied 6 months ago.
No don’t call me
Customer: replied 6 months ago.
You have already taking 4 times £40 I even didn’t have a phone conversation with yous