Does L's Agent owe a duty of care/due diligence to T?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Does L's Agent owe a duty of care/due diligence to T?

    Can a rental agreement be cancelled by a new tenant if the letting agent did not inform new tenant of noise/disturbance problems of the upstairs flat over the newly let flat/property? Especially if investigation shows the local council has received complaint notices and police have attended complaints about the flat above the new tanant?
    It would appear the letting agent purposely did not inform about the problems.

    #2
    Originally posted by paolopp View Post
    It would appear the letting agent purposely did not inform about the problems.
    Are you able to demonstrate this?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      thanks. Normally I a landlord letting commercial premises. A friend put this problem to me regarding a residential let. I did pose your question to them...

      Comment


        #4
        is the letting agent responsible to check for such antisocial problems which can affect a new tenant?...this is no different than me as a landlord ensuring a property is fit for occupancy/fit for purpose?

        Comment


          #5
          Originally posted by paolopp View Post
          is the letting agent responsible to check for such antisocial problems which can affect a new tenant?...this is no different than me as a landlord ensuring a property is fit for occupancy/fit for purpose?
          No, I do not think it is the same thing at all. As a LL you have some control over, and responsibility for the quality of the accommodation you provide. You have no control over the neighbours' behaviour. Your tenant must follow the same process as anyone else with noisy people above or below: try to negotiate, and if that fails, contact the noise abatement officer.

          Unless the agent can be shown to have lied, I do not think he is guilty of anything.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            I agree with you BUT if the LL/Let Agent are AWARE of ONGOING problem prior to relet I do believe they are obliged to inform the prspective tenant ?...

            Comment


              #7
              Originally posted by paolopp View Post
              I agree with you BUT if the LL/Let Agent are AWARE of ONGOING problem prior to relet I do believe they are obliged to inform the prspective tenant ?...
              Only if prior to signing the contract the T asks, by email or orally in the presence of an independent witness, 'What are the neighbours like?' and the A replies: 'Oh, no problem at all, they're very quiet'. Which would be a lie.

              Otherwise, T could blame A for not telling them all sorts of things about the property/area which they might have known in advance.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                I wonder if we could draw any parallels with properties sold rather than let?

                When you sell a property you are supposed to tell the buyer anything you have complained about. I suppose it could be argued that if a previous tenant had complained, that the LL should tell the new tenant.

                You would have quite a job to prove anything though!
                To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                Comment


                  #9
                  yes, it is a difficult scenario...am giving some advise to a friend, who knows I am a landlord dealing with commercial property...its an interesting legal problem/question but a residential property problem!
                  as a landlord I am obliged to tell a prospective tenant of ''faults'' and I would class a persistant ongoing problem neighbour as a ''fault''...have never come across this but will be interesting to hear solicitor/barrister opinion??...

                  Comment


                    #10
                    In a property transaction you are not obliged to disclose anything. You are not obliged to answer any questions posed. However, if you do answer a question or choose to volunteer information then not only must you tell the truth but must also not be misleading.

                    If a party to a property transaction is given false or misleading information and completes the transaction he cannot unravel it. All he can do is to sue for the misrepresentation.

                    In the case of tenancies the right for a tenant to repudiate the tenancy is very limited.

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X