Ask an Property Solicitor. Get an Answer ASAP.
I am a solicitor.
Are you intending to claim money from the agents? If so, how much?
It may be advisable to instruct a solicitor if your claim is more than £10,000 as claims over that amount are outside the scope of the small claims court.
All the best
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
You would be classed as a business as you have a BTL property - the agent is also a business so you have a "B2B" or business to business contract even if nothing is in writing. A contract can be implied by conduct as in your case. You would need to show that their conduct caused your loss - you need to quantify that loss so a surveyor should be appointed to confirm how much it would cost to put this right. Before you know how much to claim. There are many expert witness surveyors who could prepare a report for you.
Generally though, if the claim is worth above £10,000, as my colleague pointed out, you should really use a law firm as they will know which expert to use and to build your claim too - they could even offer a no win no fee agreement so you are not paying upfront and as the case progresses - there is no risk to you if you lose either. My view is you would win but subject to the surveyor's comments in their report. You do have up to 6 years to sue the agent for this, from the date of the breach of contract. Any of these firms should be able to assist :
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.