Agent duty of care

  • Filter
  • Time
  • Show
Clear All
new posts

    Agent duty of care

    Any advice please.
    When you agree a full management ,at what point does an agent fail in duty of care.
    eg failure to ensure tenant has funds to pay rent
    failure to check property
    failure to attend eviction
    failure to chase rent arrears.
    failure to turn up to check property after eviction.
    At what point does an agent simply say can’t do anything.

    What does the contract or terms and conditions say about such matters. Sorry, can't read it from here.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


      I was not to do anything except receive the rent according to T/C.
      I now find that although the agent refused to check the property once the process of eviction had started the tenancy agreement of which the agent signed on my behalf states they need only give 24 hr noitice to inspect once notice has been given.Also signed by the agent is a document stating all normal paper work has been completed but and here’s the But it also states that on handing the keys over the tenants should have adequate contents insurance in place to cover accidental damage caused by any means.Clearly this was not done or enforced .


        A duty of care arises outside a contract.
        Contracts state what each party is responsible for (underpinned by legislation that can imply terms not in the contract themselves).

        A duty of care arises outside the contract as a consequence of specific circumstances.
        A motorist owes a pedestrian a duty of care and they are likely to be complete strangers.

        If the agency agreement between the company and their principle is simply to receive rent, any duty arising from that agency agreement is likely to be limited to receiving rent.
        There are implicit elements to an agency relationship, but they relate to how the agreed tasks should be carried out, and "receiving rent" is pretty passive.
        You'd have to push to extend it to chasing arrears, let alone carry out inspections and supervise evictions.

        If they had agreed to collect rent, you might argue that they had failed to do that.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


        Latest Activity


        • Letting agency dissolved
          Hi, I am 7mths into a 12mth contract and several weeks ago I discovered by chance my letting agent had closed down even tho I have not had any formal correspondence to confirm this (and I am assuming the landlord has probably not been informed either). I have been trying to get in contact with l.a....
          10-11-2018, 07:35 AM
        • Reply to Letting agency dissolved
          When you say you paid a month's rent in advance, was that simply the rent for month one, and you now pay monthly in advance, or were you asked to pay an additional month in advance (often described as an advance payment for the final month)?...
          11-11-2018, 09:33 AM
        • Reply to Letting agency dissolved
          Thank you guys for the replies to be honest I am not overly sure if they were registered and as I said in 1st comment I can't even look as all contacts to them have been shut down (including web site) however I don't recall seeing anything on the website stating they was registered...
          10-11-2018, 11:44 AM
        • Reply to Letting agency dissolved
          im sure your landlord will be in touch -
          I wouldnt worry too much - i had one where the estate agent dissolved and for legal reasons they couldnt get into the paperwork until certain things had been dealt with first -
          Was the estate agent registered and so on ?
          Landlord will get in...
          10-11-2018, 11:39 AM
        • Reply to Letting agency dissolved
          with regard to the month in advance, you wouldn't normally get that back, as when you issue your notice to quit, giving a months notice, that month has effectively been paid upfront, so you wouldn't pay for your final month as you would do 'normally'. similarly, you wouldn't pay for your final months...
          10-11-2018, 10:09 AM
        • Reply to Letting agency dissolved
          Thank you so much for your advice jpkeates I have looked on companies house and it does state the letting agent dissolved 9th October. So in regards of the situation would this be a breach of contract (altho I do fully acknowledge the landlord could well be a victim in this aswell) also I do know my...
          10-11-2018, 08:38 AM
        • Reply to Letting agency dissolved
          Your landlord is whoever is named as "landlord" on your tenancy agreement,
          That may not be the owner of the property.

          It's possible that your landlord rents the property from someone else and then lets to you.

          The solicitors advice makes sense, although you...
          10-11-2018, 08:23 AM
        • Online letting agents
          Hi all I wanted to ask your thoughts on using online letting agents and is there anything in particular I should look out for or try and avoid I don't mind doing the viewings myself but ideally the letting agent will do the referencing and credit checks and handle the enquiries

          does anyone...
          08-11-2018, 18:18 PM
        • Reply to Online letting agents
          This topic has been asked on a number of occasions, please do a search.

          08-11-2018, 19:20 PM
        • Arla Residential Letting Award Work book
          Anybody interested in a copy of - Property Mark Qualifications Arla
          Level 3 Award in Residential Letting and Property management England & Wales – Work book study material photo copy of work book in 3 ring binders, some highlighted notes. This was copy of the original we made for any staff...
          08-11-2018, 12:26 PM