What constitutes a service?

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    What constitutes a service?

    Hello, newbie here. section 27 1988
    Was wondering if the experts would have an opinion.
    When I let a property to a a tenant using a managed service by a lettings agent,does the tenant have any right to expect a good service from the agents?
    If the agents for example does not respond to their communications or ignores requests for information could the tenant claim that I have withheld a service under section 27 of the 1988 act? I would assume the tenant chose to rent via an agency for the benefits associated with having a managed property? Can I be held responsible for my agents lack of action?

    Another question. There are some damp issues at my property but the exterior works are part of my lease agreement with the superior landlord. My agents has apparently advised the tenant that ultimately repairs would take quite some time and suggested quite a a few times that they give notice and move out. Could that be considered as "conduct likely for them to want give up occupation" ? What if my tenants decide to leave the AST early, would that leave me open to a claim for the remainder of the contract?

    Lastly, it would seem as if my agency has been mistreating my tenants and hiding it from me by misrepresenting the tenants to me. As a result, I took their advice and refused direct contact with the tenants. Now it turns out my tenants had some pretty valid concerns after all. Am I responsible for all the agency's actions?

    Please help if you can, I have issued a section 8 for rent arrears but I fear that the tenant may have a pretty strong counterclaim as a result of the agencys actions ( and lack thereof)

    Thank you for any advice

    #2
    This sounds more like exam type questions than a genuine scenario.

    Comment


      #3
      hello
      Have you ever actually dealt with lettings agents? I think most users here will know there's almost nothing under the sun that they wont do, but if you'd like the question in a different format before you are able to offer advice , feel free to specify. Sounds more like youre annoyed because you dont have anything usefull to add?

      Comment


        #4
        Being snarky to people asking a sensible question is unlikely to encourage people to give up their time for nothing to assist you.

        The agent is your agent and acts for you in matters that either you have agreed with them that you will, or b) where another person might reasonably think that they can.
        So they are acting entirely on your behalf and if they act badly, you do.
        It's not as simple as you being responsible for their negligence, say, but if things aren't done that are your responsibility, you may still be liable for the lack of action.

        Specifically to your questions:
        The tenant does not choose to rent from an agency for the reason you state, you have chosen to let via an agency and the agent works entirely in your interest and therefore cannot work in the tenants if there's a conflict.
        It's unlikely that they can stop providing a "service" sufficient to cause an illegal eviction by not giving information.

        Suggesting that a tenant give notice and move out would not seem to be working in your interest, but is unlikely to constitute an act of eviction.

        If the agency is mistreating your tenants and misrepresenting them to you, you should place your business elsewhere.

        If you've issued a s8 notice, the most likely defence is disrepair, and, from what you have said, they'll probably have a case if there is an issue with damp that you (via the agent) have declined to address.
        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
          Wot jpk says..

          Could you kindly assist us please by answering...
          http://www.landlordzone.co.uk/forums...ll-new-posters
          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


            #6
            Originally posted by theartfullodger View Post
            Wot jpk says..

            Could you kindly assist us please by answering...
            http://www.landlordzone.co.uk/forums...ll-new-posters
            1. england
            2. a flat with three tenants
            3. JuneAST
            4. 12 monthss
            5. monthly
            6.yes on the move in date
            7. notice is fine drafted by my lawyers
            8. no

            Thank you

            Comment

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