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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6314
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, my husband and I we have a property in the UK that we

Customer Question

Hello, my husband and I we have a property in the UK that we are currently renting out (since January 2009).
In Jannuary this year there was an electrical fault in the kitchen which caused the tenants great inconvenience and they moved out shortly after as their contract came to an End anyways. We gave instruction to our managment agent to have the problem fixed. We were than told by our agent that the problem is solved and new tenants will be moving in on 21st February. However when the new tenants moved in it became obvious that the electrical fault in the kitchen had not been fixed at all. There was still the temporary cable that had been installed by British Gas running thru the house ensuring hot water and heating was still available for the previous tenants. The electrian who was supposed to fix the problem only did one part of the job and we thought all was done and were told so by our agency. The new tenants moved out while a new electrician fixed the problem. After moving back in the tenants complaint about mice and fleas in the property as well as an damp issue in the second bedroom, we had Pest controll in and instructed our management agent to sort out all problems ASAP so they can move back in. We have not received any rent, further more our agent has been very slow in responding to all them issues and their post-work inspection has been very poor. Now the tenants ask for compensation and are about to take legal action against our agency as they were told they can use our neighbours garden and remove our furnishing from the flat (which we never gave permission to do so!).
As a landlord we are obviously in the middle of this but I personally don't know what to do now. The communication with our property management agency is very poor, we haven't even received a copy of the new tenancy agreement, they just don't reply to our emails or calls. The tenants want to get in contact with us but we are not sure wether this would be a good idea?
Any suggestions or advice would be great. Many thanks, Karin
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi

What type of agreement do you have with the agent? A full.management agreement?

Tom
Customer: replied 3 years ago.
yes
Expert:  Thomas replied 3 years ago.
Karen

Have you communicated your dissatisfaction to the agents?

Tom.
Customer: replied 3 years ago.
yes we have
Expert:  Thomas replied 3 years ago.

What is there position, do they accept the poor standard of service and have the said they shall remedy the matters?


Tom

Customer: replied 3 years ago.
they are having their lawyers looking into it regarding the requested compensation (from the tenants), the agency has never admitted any wrongdoing on their side although we pointed out several times that the poor post-work inspection was clearly their fault
Expert:  Thomas replied 3 years ago.

Karin,

 

I'm sorry, I've just to go in to a meeting until 2.

 

May I answer then?


Kind regards,


Tom

Customer: replied 3 years ago.
yeah sure, no problem
Expert:  Thomas replied 3 years ago.

Hi Karin,


Thanks for waiting.

 

In the first instance I would wait to see what the negotiations between the managing agents/solicitors bring. If it is the case that the manaing agents agree to compensate them for the situation then let them do that.

 

In terms of your contract with the agency if you can prove breaches by the agents of express terms of the contract you have with them and the breach is serious enough so as to substantially deny you the benefit of the service they are to provide then you could terminate the contract on the basis of this. It is called a repudiatory breach of contract.


If there are no breaches of express terms of the contract that you can see from looking then you will have to rely on the implied term in the contract that they should carry out the service with a reasonable care and skill. This is implied by s13 of the Supply of Goods and Services Act 1982.

 

I would put them on notice in writing that you consider their conduct to have been a breach of the relevant terms above and ask to be kept fully informed on a day to day basis of the negotiations with the tenants to resolved the issue. If you decide that you have a case for terminating the agreement on the basis of a repudiatory breach then you can do so. It would be best to take the contract to a lititgation solicitor to get their specific opinion on the seriousness of the breach and their confrimation that you are entitled to terminate because of the seriousness of it.

 

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6314
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 6 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
thanks for the response
I just have one more question
the tenants are asking our agency for compensation (e.g. .. lost income due to traveling back and forth from the property, cleaning, extra childcare expenses, storing their furniture .... )
could we be held responsible for this? ... I don't think at this point that our agency will agree to compensate the tenants
Customer: replied 3 years ago.
thanks for the response
I just have one more question
the tenants are asking our agency for compensation (e.g. .. lost income due to traveling back and forth from the property, cleaning, extra childcare expenses, storing their furniture .... )
could we be held responsible for this? ... I don't think at this point that our agency will agree to compensate the tenants






Expert:  Thomas replied 3 years ago.

Who is named on the tenancy agreement as landlord, you or the agents?


Thanks for your kind accept.


Tom

Customer: replied 3 years ago.
the agency hasn't send us the tenancy agreement yet but for the previous years we were the named landlord
Expert:  Thomas replied 3 years ago.
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