Extent of claim against letting agent

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    Extent of claim against letting agent

    I have had disputes with my letting agent over delayed payments of rent less management fees, poor service during period when the agent was without a branch manager, incorrect refunding of deposit to tenants, prolonged pressure to enter into another format of management agreement when I was quite happy to stay with the existing format and threats to withhold rental payments unless I signed 2 separate tenancy agreements, none of which had been agreed in advance.
    Can I claim via the Small Claims Court for “aggravation, distress and inconvenience” relating to all of the above?

    #2
    No.

    But you can and should claim for any losses.

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      #3
      AndrewDod - thanks for your response. My problem is that actual costs have been limited, but the hassle and the excessive amount of correspondence (90+ emails at the last count) to get the agent to see sense and eventually back down from his ridiculous positions has been extremely wearing. Surely, I must have some sort of comeback/compensation entitlement? Had I gone down The Property Ombudsman route, they award amounts in respect of aggravation, distress & inconvenience. The only problem is that they take so long (3-5 months) and their findings are not binding. Hence my decision to go down the Small Claims Court route.

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        #4
        You would be better off following the complaints process and using the small claims court to pursue any award the make that the agent doesn't pay.

        [A]ggrevation, distress and inconvenience are not simple contractual losses, which is what the small claims process is designed for.
        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).

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          #5
          Google "damages for distress", and I think you will find they are almost impossible to obtain.

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