Agent duty of care

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  • bertha
    started a topic Agent duty of care

    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.

  • jpkeates
    replied
    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.

    Leave a comment:


  • bertha
    replied
    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 .

    Leave a comment:


  • theartfullodger
    replied
    What does the contract or terms and conditions say about such matters. Sorry, can't read it from here.

    Leave a comment:

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