Agent has lost all tenants documents

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    Agent has lost all tenants documents

    I have a problem tenant who refuses to leave my property. He has been claiming that the property has repair issues and has witheld over 2 months rent. All repairs have been done but he continues to write to me about further trivial problems and is not willing to discuss repaying his arrears, saying that the rent witheld is compensation for his inconvenience.

    I am currently going through the accelerated possession process with a solicitor but would like to get a money judgement against the tenant.

    My problem is that the letting agent claims that he has lost all the tenants details including reference information and employer details. Is there a way of finding a tenant's employment details?

    Failing that, can the letting agent be held responsible/liable for the rent arrears etc if I can't get an attachment of earnings due to lack of employment details?

    #2
    What the agent really means is that he never did the checks in the first place.

    You should always check them over before the tenant is in.

    By all means go after the agent for negligence but in the meantime do a small claims submission against the tenant for rent.

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      #3
      Originally posted by MissLandlord View Post
      Is there a way of finding a tenant's employment details?
      If you're local, the easiest way might be wait outside the property one morning and tail him to work. If he drives, more sophisticated would be to put a tracker on his car as suggested in another thread I read earlier; or has also been suggested here in the past, conceal an old cheapo PAYG mobile phone under his car somewhere, and register it with one of the tracking services - instant (approximate) GPS tracker!

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        #4
        Why are emloyment details needed, if you're merely suing T? Let him bring them forward at the hearing, if he needs to plead poverty.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          Why are emloyment details needed, if you're merely suing T? Let him bring them forward at the hearing, if he needs to plead poverty.
          Good point, and very true; but if I was in the OP's position I'd still want to know where the guy worked as given the agent's cock-up it will probably represent the best way of keeping tabs on him once he's moved out (eg he could be tracked from his place of work to a new abode).

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