Let down by letting agents. Sue letting estate agents

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    Let down by letting agents. Sue letting estate agents

    Hi members,

    It would be great if any member can help with my problem.
    I have rented out a property and let the agents to managed it. Estate agents did not visit the property since the let and the tenant converted the 3 bed house in to cannabis farm. Now I have unpaid energy bills and lots of damages. They been hacking through the main electricity meter and ran throug out the house. Holes in the walls, floors and huge holes in the ceiling to let the huge extraction pipe into the loft.

    I have landlord insurance they said they can cover only upto £2500 under malicious acta by tenants.
    But the damages to property is over £20k.
    No electricity in the property now.

    I was insisted the agenta to visit from the 2nd months they avoided saying its covid and they cannot do anything such.

    Can I sue the estate agents. They were clearly cluse less because they soukd have checked the profile and profession of the tenant before they let us to agree on landlord agreement.

    Please help how do i process further from here.

    #2
    Sorry to read your story.

    What did the contract or terms agreed with agent state they would do. (Not the AST ).

    I can sue Johnson for being a useless PM, but doubt I'd win.
    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...

    Comment


      #3
      It is your responsibility to check the tenants, although under some circumstances you might delegate that at your own risk. So, did YOU

      a) confirm their bank balances? Yes/No -- What was this £ _____________
      b) Was the tenant on benefits of any sort at the start of the tenancy? If so then what ___________________
      c) Did YOU do a check for any CCJs and credit record or check any report received? What did this show ______________
      d) was the tenant i) a student ii) employed
      e) Did you obtain a reference from the previous landlord? What did this show ___________________
      f) Did YOU interview the tenant yourself before granting the tenancy? _____________

      Comment


        #4
        Originally posted by Ts Space View Post
        Can I sue the estate agents. They were clearly cluse less because they soukd have checked the profile and profession of the tenant before they let us to agree on landlord agreement.

        Please help how do i process further from here.
        You can sue the agents, in theory anyone can sue anyone.

        To win, you'd either have to show that the agent broke their agreement with you or that they breached their duty of care to you.

        In the case of the contract breach, you would have to show that the breach caused a loss and that the loss was reasonably foreseeable as a consequence of the breach.

        In the case of the breach of the duty of care, you would have to show that there was a duty of care, that it wasn't performed, that the non-performance caused a loss and that the loss was reasonably foreseeable.

        My guess is that either of those things would be difficult to prove to the point where it's the most probable course of events. The difficulty is likely to be the "reasonably foreseeable" element.
        However poorly the agent carried out their tasks, it's not likely that they (or any other reasonable person in the same situation) could have expected that the result would be a cannibis farm.

        You would need legal support to make such a claim, so speaking to a solicitor or two might give you an idea of your realistic chances of success.

        I'm not sure why you've found yourself with the utility bills. You're only responsible for the period when you were in possession, which, presumably wasn't when the cannibis was being grown.
        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


          #5
          Yes - you would need to prove with evidence on balance they did not do what they said they would do in your Client Agrement/Agency Agreement. Re periodic inspections you would need to carefully consider the changing laws and guidance since 23rd March 2020 in your area that may have restricted access to carry these out.

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