Claim against Letting Agent?

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  • Claim against Letting Agent?

    I let my property through a Letting Agent and for the last 4 months have received no rent. I have issued all the necessary forms and am awaiting a eviction date from Manchester County Courts (hopefully!) as tenant has not issued any defence against the N5b.

    However, I have been really unhappy with the Letting Agents who have basically washed their hands of the whole thing. Their advice on such basic things as issuing a Section 21(1)(b) was incorrect, but thanks to this Forum I knew the correct procedure. They tried to tell me that the date of issue for a Section 21(1)(b) should be connected to the rent date even though it was being issued within the 6 month AST! In preparation for attempting to claim the unpaid rent through MCOL I have asked the agent for the references and searches they undertook on the tenants so that they can be traced at a later date. They have refused to provide me with the tenancy application forms and their credit search due to 'data protection'. I can possibly understand the credit search but not the application form. Are they correct?

    I am really concerned that they do not know their job and wondered if there was somewhere that I could complain to.

  • #2
    Can you show that the Agents are in breach of the written Agency agreement into which you and they entered?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Claim against Letting Agent?

      Does the fact that they don't know the Housing law count Jeffrey? Seriously, I need to go through the Agreement and check.

      They have failed to keep me advised of problems especially when the tenant started to miss rent payments and the first I knew of it was when a cheque I had written bounced because there was insufficient funds in the account due to the tenant not paying their rent. Plus as I said, they got the regulations about the issuing of Section 21(1)(b) and Section 21(4) mixed up and tried to tell me I should have issued the Section 21(1)(b) the day before December's rent was due and that I would have to start the whole process again.

      Now they are telling me they cannot let me have a copy of the tenants application for tenancy due to data protection. Call me suspicious but I am beginning to think that they didn't carry out the necessary checks they should have done, and being naive (not any more though) I didn't question them.

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      • #4
        Originally posted by Ann.C View Post
        Does the fact that they don't know the Housing law count Jeffrey? Seriously, I need to go through the Agreement and check.
        You engage professionals. They are expected to deliver the service promised! Ignorance won't help them!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Claim against Letting Agent

          Can anyone confirm if the Letting Agent is correct that I cannot see a copy of the Tenants application for Tenancy. I really only want their dates of birth so I can track them when they leave the property.

          Thanks.

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