Advice sought on negligent agent

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    Advice sought on negligent agent

    Hi - I'm sure I'll be able to get some sensible advice here. The property has been managed by an agent for the past 12 years. The problem tenant had been there for the last 8 years and vacated of his own accord recently. The independent check out report is a horror story. For various reasons, I believe the agent should have spotted many of the issues as they started and so nipped them in the bud, or at least advised me. All In all, I will certainly have lost significantly even after deducting the deposit. Can anyone - perhaps someone who has had a similar problem - give me some advice on how to take action against the agent ? Ombudsman? Small claims court ? Solicitor ?
    Thanks in advance
    Victor

    #2
    Your claim is against the tenant, who can be pursued beyond the amount of the deposit.

    Neither you nor your agent have much say in how the tenant lives in the property, only how they return it.


    It would be very unusual for any loss to be attributable to the agent instead of the tenant.
    You can complain to the agent, but it's almost impossible to show that your loss (assuming there is one after you claim from the tenant) arose directly from their negligence.

    You'd essentially have to show that you would have evicted the tenant had you known about the issues (and it raises all kinds of questions about whether you would have been able to, what the agent should have done, the rent etc).

    I'd say it's a waste of time (but complain anyway).
    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).

    Comment


      #3
      I don't think there's much that lasts more than 8 years with the best of tenants, is there? Forget it IIWY.

      Comment


        #4
        What did your contract with the agents say they would do?

        Comment


          #5
          After 8 years I'd expect to replace pretty much everything - carpets, most furniture, decoration etc etc and be very very pleased nothing needed replacing during the 8 year tenancy.

          If you have good move-in inventory & photos signed by tenant you could try suing tenant, but doubt you'd get much.

          Presumably you would have spotted 8 years of missed inspection reports from agents a little while ago. We're We're there any & what did they say please?
          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...

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