letting dispute HELP

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    letting dispute HELP

    Hi we have a dispute with agency and tennants.

    agency did not do proper credit checks or references

    we told them no DHS pets smokers tennats are all 3

    bac of contract says to contact ARLA as a mediator if dispute occurs but they are not registerd is this legal ?

    now tennants served sec 21 date gone and still there, house is trashed ;-(

    #2
    To be pedantic - tenant doesn't have to leave on the expiry of an s21.

    Now, to your agent. If you are to claim anything from the agents, you will have to prove that their negligence has caused your losses.

    So first, you have to prove those losses by pursuing the primary debt against your tenant and recovering whatever you can.

    Once you have exhausted that avenue (which will include suing the tenants) then you can look at the agents.

    Their appointments of tenants who smoke or have pets could not have contributed to your loss.

    What information were you given about these tenants before you agreed to their selection?

    (been in almost identical situation with agents 'pals')

    Comment


      #3
      Hi thank you for your reply

      we were told by the agents the main tennant was working full time and all credit checks have been passed this turns out to be untrue not working for 2 years due to depression and on housing benefit we were told by the agent no housing benefit involved. but the agent was asked today to show me evedence of credit check references ect to be told sorry all the paperwork has gone missing loss was blamed on previous employee who was sacked for stealing rent money which over 1k was ours over the course of 7 months unbeliveable

      the tennants have not paid rent in 3 months now so we are now going to court to get evection.

      would be impossible to claim from tennants as they clearly have no money

      so much damage to property its terrible.

      Comment


        #4
        It is not for you to decide whether it is 'worth' claiming from tenants - you have to prove their liability and court is where you do that. It is the starting point to proving that the tenants were not financially sound enough to honour such debts.

        Once you have done that, you can then pursue the agent for 'causation', ie any losses that are directly attributable to the agents actions or lack of them.

        Tell us more about the £1k that was stollen - that may be a specific claim you have.

        You would appear to have a good claim.

        Comment


          #5
          i will of course claim from tennants its just frustrating knowing i will get knowhere

          had 5 months of not enough rent we were getiing about £150 a month rent was £650 afer chasing agents and hearing through the grapevine that a member of staff had been sacked for theft they admitted to us this had happend and did pay back the money but tennants were only ever paying £400 ish a month so still £250 a month short and now no rent for 3 months.

          there is also alot of damp in one of the rooms the tennant did report this but no work was ever carried out and we were never cotacted now we have a huge bill to pay for the wor to be done but again who is at fault..its all so confusing

          Comment


            #6
            If the damp was provably caused by the tenants, then you include that in your claim against them and your subsequent claim against the agent.

            If the damp was not caused by the tenant AND the agents delay in advising you caused the damage/ cost of repair to increase, then you include the increase in your eventual claim against the agents.

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              #7
              Ok thank you in this case it wasnt the tennants its a leak in the roof that hasnt been dealt with

              thank you for you help

              Comment


                #8
                With regard to the ARLA membership - well you can report them to ARLA but don't expect them to do much about it

                Comment


                  #9
                  I had a feeling that would be the case lol

                  Comment

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