Suing letting agent. Advice needed

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Suing letting agent. Advice needed

    Dear All, have anyone had to deal with a letting agent trough UK legal system? A good friend of mine got a job offer in another country around 5 years ago. After spending over 7K on a flat refurbishment he signed a long-term lease with a local letting agency and left the UK. Recently he decided to sell his flat and asked the letting agency for the lease to be terminated and the flat to be returned. When he visited the flat he was shocked. Letting agency sub let his flat to a council tenants who literally vandalized the property. Tenants moved out leaving tons of rubbish, broken furniture and damaged walls. The letting agent calls this “tear and wear” after 5 years lease period. My friend was expecting some “tear and wear” but what he saw was a disaster. He got some builder to look at the flat and he was advised that he needed to get skip to get rubbish out, hire 4 people for the period of at least 3 weeks to sort “tear and wear” out. He demanded letting agent to attend the flat with him to survey damages. What can he do about his situation? Letting agent is now avoiding him and not replying to his emails..

    regards, Alex

    #2
    Can you please clarify the exact nature of the relationship between your friend and the 'Agent'?

    Were the agency an actual tenant of our friend, or were they indeed agents where the individual occupiers tenancies were with your your friend?

    Comment


      #3
      thanks for a prompt reply. he needed to leave the country and he was looking for letting agency to take property on a long term lease. He had signed standard agreement with the letting agency which works with a local council. Agency in this case deals like a middlemen between a council and a landlord. My friend got rent which is lower than market but in return he was promised 100% time occupancy. Which indeed happened. The very same family with kids stayed there until he asked for his flat back. This agency was charging him 2 weeks+VAT yearly management fees and no deposit was paid (i.e. council does not pay deposits my friend was told. Recently he found out that this letting agency went though some structural changes: management left, name of the agency got change as well as their address. He asked for a "new agreement" which was signed backdated. Overall he has never had problems with this agency (i.e. rent) until he saw his flat.

      Comment


        #4
        The liability of the agent to your friend, if any, will depend on the wording of the agreement between them. From the information we have so far though it appears as if he got what he bargained for - he delegated finding a tenant to someone else and they found one for him. He should seek legal advice if he wants to attempt to take the matter further.
        Disclaimer:

        The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

        Comment


          #5
          thanks for your reply. he has agreement with the letting agency and not people occupy his flat. Broken walls and furniture I guess s=can not to classified as tear and wear. Where he can look for definition of reasonable tear and wear? legal advice, any leads?

          Comment


            #6
            Originally posted by alex76 View Post
            Where he can look for definition of reasonable tear and wear? legal advice, any leads?
            suggest you look at "Criminal Damage", as that's what you have.
            and you sue the tenants, not the letting agent.

            Any letting agency which works with a local council, will put in
            people suggested to them by the Council, who can be ex-drug
            addicts, just out of prison, single parents running away from their
            boyfriends, Mentally challenged, off the street homeless and even
            gypsies ( so the blurb on any council web site will show )

            So you learn from your costly mistakes.

            Comment


              #7
              Clearly the damage described is way beyond fair wear and tear.

              I am not sure there is a lot of point in suing the tenants.

              What does the agreement with the agency say about internal repairs? Even if it says nothing, there is still an obligation on the tenant to use property in a tenantlike manner. I think it is the agency which should be sued.

              Comment


                #8
                I could not attach TS to this forum so here is the link (updated)

                https://rapidshare.com/files/4052846615/TS.pdf

                TS very basic and very simple

                Comment


                  #9
                  Originally posted by alex76 View Post
                  thanks for your reply. he has agreement with the letting agency and not people occupy his flat. Broken walls and furniture I guess s=can not to classified as tear and wear. Where he can look for definition of reasonable tear and wear? legal advice, any leads?
                  Fair wear and tear is the result of normal, everyday, living, e.g. minor scuffs to paintwork, and things simply getting a little worn through repeated use. What you have described is damage and that is not fair wear and tear.

                  he signed a long-term lease with a local letting agency
                  Letting agency sub let his flat to a council tenants
                  Agency in this case deals like a middlemen between a council and a landlord. My friend got rent which is lower than market but in return he was promised 100% time occupancy. ... This agency was charging him 2 weeks+VAT yearly management fees
                  It's still unclear whether your friend actually let the flat to the agent - who then sublet it - or whether he simply acted as an intermediary agent.

                  If there was a tenancy contract between friend/agent, then definitely claim against the agent for the damage. If the contract was for the agent to act as a managing agent, then arguably he failed to do his job properly; at the very least he should have inspected during the five years, advised your friend that damage was occurring (or that he was unable to get access), etc.

                  Comment


                    #10
                    Originally posted by alex76 View Post
                    I could not attach TS to this forum so here is the link

                    http://dc587.4shared.com/img/bx-NRkZ.../TS_online.pdf

                    TS very basic and very simple
                    It's too small to read. And what is a TS?

                    Comment


                      #11
                      Originally posted by westminster View Post
                      It's too small to read. And what is a TS?
                      here another link to another filesharing website.. thanks a lot.
                      https://rapidshare.com/files/4052846615/TS.pdf

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X