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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19574
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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There are two things I need advice on. My property has

Resolved Question:

There are two things I need advice on.


My property has been rented out and fully managed by a letting agent. I’ve been paying them 12.5 per cent of the rental income for their services. The tenants were a chinese telecommunications company. They were using the property to house staff on training courses, or so I was told.
I've never seen a lease agreement and certainlu haven't signedone.
I advised them in July that I would like the tenants to be given notice and the property put on the market. Eventually they did this (after many emails) but the property remained on the market for 6 weeks without a single offer.
At this stage, I asked them to withdraw the property from the market. At this point, told me that the tenant had still not left, despite no rent being paid for 6 weeks. The tenant has since left, two weeks after the end of their tenancy. The final month of rent was not paid.
It then came to my attention that there was significant damage to the property. I’ve since had quotes to repair the damage and it’s going to cost around 5000 to repair, not including the time when the property will be vacant. I still do not have an end of lease inspection report. The letting agent has told me they have not got around to doing it yet.
I’ve requested all the correspondence from the managing agent and any inspection reports carried out during the tenancy. (I suspect there will be none as I doubt they ever carried one out.)
I’m awaiting the documentation and have been told I will have this later today.
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Stuart J replied 9 months ago.

Thank you for the information.

Do you have a specific question?

Customer: replied 9 months ago.

Yes. I would like to try reclaim some of this money.


 


I have written quotes from a builder.


Can I make a claim against the letting agent if I can show that the property was not inspected during the tenancy period? They also did not inform me that the tenants had not paid the rent and were still occupying the property.


 


Can I make a claim from the company that was leasing the property for the damage?

Expert:  Stuart J replied 9 months ago.
Where is the telecoms co based? Do they have UK base?
Customer: replied 9 months ago.

yes, they have a UK base. They were using the property for the short term residency for people on training courses but the letting agent seems to think it was being illegally sub-let.

Expert:  Stuart J replied 9 months ago.

The tenants whose name is XXXXX XXXXX lease is responsible for all the damage and you can sue them in the Small Claims Court which you can do quite easily here http://www.moneyclaim.gov.uk/

I think you were also entitled to a substantial chunk of the management fees back from the agent for breach of contract and breach of the provisions of the Supply of Goods and Services Act because they have failed to carry out the job reasonable care and skill.

You need to quantify it and ask them for a refund and if they do not refund, take them to the Small Claims Court in the same way that you do with the tenant.

It is however two separate claims.



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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19574
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 5 other UK Property Law Specialists are ready to help you

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