Letting Agent taking me to court!

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    Letting Agent taking me to court!

    Hi,
    I am selling my house, and the buyers want to keep the tenants on. There is a clause in my Agent-Landlord contract which states "if the landlord (me) wants to keep the tenants at the end of the agreement, a tenant finding fee is payable of 10% of the annual rental" (£930). They have now issued a court claim form to me, and appointed solicitors. I'm trying to understand if they have any grounds, if I need to appoint a solicitor, or if they are just trying bullying tactics.

    1 month ago I dis-instructed my LA and went direct with the tenant, citing breach of contract, for a number of reasons:
    1) LA told tenant they could stop paying me rent and as I was selling I wouldn't do anything.
    2) LA lied to me saying the tenant had served notice when they hadn't.
    3) LA refused to show me a contractors invoice and simply deducted £500 for some work they say was carried out on central heating.

    LA has now refused to pay back deposit to tenant, isn't using tenancy deposit scheme and has ignored tenants threat to take them to court for deposit back.

    My questions if anyone wiser than me can advise are:
    1) Are the above sufficient to constitute breach of contract (I have proof and testimony from tenants)
    2) can the finders fee even apply as I won't own the house or the tenants anyway?

    Thanks for reading.

    #2
    if they have issued a court summons you must defend it otherwise they will win by default - are they a member of a Professional body ?

    Comment


      #3
      You may have more trouble than you think!

      If the agents havent protected the deposit, the tennats may be after you to claim its return + x3 "compensation" on top!

      Sorry to bring more bad news, but you need a heads-up of the situation!

      Comment


        #4
        V quickly - will post more later if I have time.

        1) You are not keeping the tenants, therefore no liability under that clause

        2) You are entitled to terminate the contract between you and the agent on the grounds that the relationship of trust and confidence that should exist between fiduciaries has been broken by their various deceits.

        3) My view of the law is that if the LA received the deposit, then it is the LA and not you that is liable for the various penalties that may apply.
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        All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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