Can I Sue My Estate Agent?

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    Can I Sue My Estate Agent?

    Hello

    In 2014 was renting out my property though a Estate Agents as a fully managed service, When one of the tenants was leaving there was a dispute with Deposit and I had instructed the Estate agent sort out the deduct the money from the tenant's deposit.

    I heard nothing further for a while and once the tenant had moved out the estate agent found another tenant. Some while ago I came to know that the Tenant who I was disputing had made a claim at the small courts and I had not received any paperwork and subsequently was issues with a default CCJ on my credit file.

    In terms of resolving the CCJ, what do I have to do now?

    Am I able to take action against the Estate Agent for not managing this issue and the result in damaging my credit file which has caused me much trouble in securing any Loans.

    #2
    What do you think the agent has done wrong?

    They seem to have deducted the money as instructed, the tenant sued for it's return and won (by default).
    Is that correct, or did the agent do something wrong?

    If the agent did do something wrong, you would need to be able to quantify the subsequent loss attributable.

    Small claims settled by default often result in CCJs that people don't know about.
    You should probably get legal advice about having the case reviewed or simply settle the outstanding debt and spend the rest of your life explaining it away.
    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


      #3
      Originally posted by Mash2000 View Post
      Hello

      In 2014 was renting out my property though a Estate Agents as a fully managed service, When one of the tenants was leaving there was a dispute with Deposit and I had instructed the Estate agent sort out the deduct the money from the tenant's deposit.

      I heard nothing further for a while and once the tenant had moved out the estate agent found another tenant. Some while ago I came to know that the Tenant who I was disputing had made a claim at the small courts and I had not received any paperwork and subsequently was issues with a default CCJ on my credit file.

      In terms of resolving the CCJ, what do I have to do now?

      Am I able to take action against the Estate Agent for not managing this issue and the result in damaging my credit file which has caused me much trouble in securing any Loans.
      They Point I am making is that they did NOT sort out the issue with the deposit, as I had instructed them to !
      So where does it go from here?

      Comment


        #4
        The point is that they did NOT sort out the issue.

        So where do I go from here?

        Comment


          #5
          You can't just tell some to "sort" something "out".

          What did you actually tell them to do and what did they actually do instead?
          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


            #6
            Ok so when they provide a service which is fully managed, what does that imply?

            Comment


              #7
              It's a meaningless term.
              It implies that they will "manage" (not a clue) "fully" (means what it means in English).
              It's unlikely to mean we'll do whatever you ask without limit.

              What should exist is an agreement or some kind of pre-agreement advert/offer stating what they would do in exchange for the fees you paid them.

              That would be useful, generally, but you still haven't responded to the question.
              When you say that you asked the agent to "sort out" "the deduct[ion] from the tenant's deposit" what does that mean - specifically?

              Some things can't be deducted, the value of some things would need an agreement, the tenant can decline any deduction at all from a deposit and the agent can do nothing to compel them to - so what you specifically asked them to do (and what they agreed to do) is the essence of your issue.
              If what you asked them to do is impossible, they can't be penalised for not doing it.

              Are you sure that they didn't do it and then the tenant sued you anyway (they probably can't have prevented that)?
              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


                #8
                So I have a contract with the Estate Agents which is signed for a " Fully Managed Service", Part of that service which I paid for is that they produce an inventory before the tenant moves in and they also produce an inventory when the tenant leaves.

                From the original inventory there was a washing machine which went missing, I told the estate agents to charge for that.

                The tenant had damaged the Oven and I had told the estate agents to deduct monies for that.

                If this was not done by the estate agents and the tenant still demanded the the full deposit back is that right?

                Hope this gives you a clearer picture of what happened, now what can I do now?

                Comment


                  #9
                  The way that it would normally work is that the deposit is protected in a government approved scheme.
                  When you want to use some of the deposit as compensation for something, you (or, in this case, your agent) submits a claim for £x (with reasons why) and offers to return £y - which is the rest of the deposit.
                  If the tenant agrees, the funds are transferred accordingly.

                  If the tenant doesn't agree, they can do one of three things.
                  They can simply leave their money where it is (unlikely).
                  Negotiate an acceptable answer either with your agent or using the scheme's dispute resolution service.
                  Sue you for the return of the deposit (it's the tenant's money), which means that you have to either counter claim for what you want, or simply create your own claim for what you think the tenant owes you.

                  What did your agent do when you told them to make deductions from the deposit?
                  What address were the court papers sent to?

                  I suspect that you will not be able to take any action against the estate agent for the damage to your financial record, unless you can show that they did something wrong and that the court case and ccj were a reasonably foreseeable consequence.
                  Which seems a bit unlikely, unless, for example, the court papers were served to their address and they didn't pass them on (which would make you losing the case quite likely).
                  You might be able to take action if they did nothing as a result of your instruction, which would have cost you the compensation for the fridge and the oven - because that's an actual loss caused by their actions (or negligence).
                  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


                    #10
                    This is no clearer. You need to explain exactly what has happened.

                    Comment

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