Estate agent not sending Prescribed Info

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    Estate agent not sending Prescribed Info

    Hi,

    This is the first time I have left a post and hope someone can help? Recently my tenant moved out and we inspected the flat and found it to be really dirty, we contacted the tenant and agent and he agreed to get the flat cleaned, we went back to inspect that and found the bathroom still not cleaned and upon further inspection noticed that the toilet had been damaged and wouldn't work. We contacted the agent and it subsequently went to TDS for adjudication, I have been in regular contact with both tenant and agent about when we would hear from TDS and put forward our side and the tenant has been very honest (apart from the broken loo) about how he saw the claim, however the agent hasn't been from the sound of the converstation I had with TDS today, they said they have awarded the money to the tenant as the agent never entered the prescribed information or clauses on the tenancy agreement within 14 days of the start of the tenancy nor had they supplied them on the 7 day letter from the dispute service (hope that makes sense to someone) so not only do we have to foot the bill for the damage but the tenant can now apparently sue us for 3x deposit for what seems to be a mistake by the estate agents... surely this can't be right? Can anyone let me know what my options are or has anyone been in this situation and can let me know what happened?

    #2
    Unfortunately, the agent was under contract to you and your tenant was also in this situation through the AST which may have been issued by the agent but he did so on your behalf. Your only option is to sue the agent because of his poor performance when the final situation with your tenant is resolved.
    Although there are many good, reliable agents out there who carry out their duties to the letter, we repeatedly hear on this board of the less satisfactory ones and as you didn't check (or know you had to) that the prescribed information had been received by the tenant, this unfortunate situation has arisen.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Originally posted by mickd73 View Post
      so not only do we have to foot the bill for the damage but the tenant can now apparently sue us for 3x deposit for what seems to be a mistake by the estate agents... surely this can't be right?
      You, as landlord, are ultimately responsible for ensuring that the deposit is protected so, yes, the T may have a valid claim against you for non-compliance (however, it's not as simple as that - there are a couple of appeal court cases pending and the situation will be clearer when the rulings are published - so don't worry about it quite yet).

      You may have a claim against the agent for failing to fulfill his duties under the terms of your contract, assuming these included protecting the deposit. Is the agent a member of a professional body such as ARLA or NAEA? If so, I would contact them to discuss the agent's negligence and see whether they can help.

      Comment


        #4
        Many thanks for your help and advice, the estate agent admitted it was their fault and put right the damage to the property, I spoke with them about the possibility of a claim, they felt it was highly unlikely but if there was one they would become involved, I also noted to them that they are members of the NAEA and if I do receive a claim I will be contacting them.

        Truly a lesson learned, I think with my next tenant I will be opting to use the DPS myself as opposed to trusting an agent to do things correctly. I don't wonder why they have such bad reputations given my experience.

        Comment


          #5
          Originally posted by westminster View Post
          You, as landlord, are ultimately responsible for ensuring that the deposit is protected
          Note that a T may claim against the agent too for his 3x penalty.

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