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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6516
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi We have had our rental property fully managed by a letting

Resolved Question:

Hi

We have had our rental property fully managed by a letting company which involved regular home inspections and reports.
Our tennants have moved out causing considerable damage. We are looking to recover these costs from the tennant. However we feel that as a fully managed property thesse should have been identified and dealt with as part of the managment process.
We have spent considerable time rectifying and sorting the issues out as the property can not be let in its current state, and therefore we have a consequential loss of income.

Please advise

Regards

AdamT
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Thomas replied 11 months ago.
Hi Adam,

Have you examined your contract with the letting agency to see if there are any express terms of the contract that you consider have been breached?

Have you approached the agent about this yet and, if so, what did they say?

Kind regards,

Tom
Customer: replied 11 months ago.


Tom


 


I have not gone through and studied word for word. We just feel that the regular inspections should have flagged and pre-empted the issues we currently have.


 


We are getting a very poor response from the agents and are still waiting for the check out report. We feel we have far more issues than their report details, hence the reluctanace to issue.


 


Regards


 


Adam

Expert:  Thomas replied 11 months ago.
Hi Adam,

Thanks. Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 11 months ago.
Hi Adam,
Thanks for your patience.

The first thing to do would be for you to go through the contract that you have with them to see if they have breached any of the express terms or if you think it highly likely that they have because of what has happened.

If you cannot find express terms then don’t worry too much. There is are implied terms in to contracts like these. So, you will be able to claim that the services (ie. monitoring, reviewing, reporting, responding of the tenants) they have provided were not carried out with a reasonable care and skill or provided within a reasonable time under sections 13 and 14 of the Supply of Goods and Services Act 1982.
You will base your claim either on a breach of the express terms or the implied terms as applicable, or on both. When you have identified how you would base your claim I would write down the breaches then consider a rough amount for the financial loss that you believe you have suffered.

Once you have done this I would attend a local civil litigation solicitor with these details and ask them for an initial opinion on the claim and whether it would be affordable for you to instruct them on a condition fee agreement or in the normal way. They will take it from there but they would initially write a letter before action to the agents , before reviewing their response and/or offer of settlement with you.
You will then have to decide whether or not to issue claim for the damages you have suffered as a result of the breach that you identify.


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Kind regards,


Tom
Customer: replied 11 months ago.

Thanks Tom, last question


 


Whilst corresponding I have pulled out the relevant information from the letting agency. I only appear to have the short term tennancy agreement, not specific terms and conditions for the agent.


 


Within the tennancy agreement there are clear stipulation on what is required. Would it be reasonable for us to expect that these breaches should have been picked up during the inspections and therefore the agents should not have been paid for not doing the job properly ?


 


Regards

Expert:  Thomas replied 11 months ago.
Hi,

If the breach is reasonably substantial and conspicuous then you would normally expect it to be noticed by the managing agent. If they are not noticing fairly obvious breaches then it does beg the question of what they actually were going if not that.

You will have signed a management contract with the agent though, they will have a copy if you have not and you do still need to check it for express terms that have been breached in order to further butress your cause of action.

Please do remember to rate my answer.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6516
Experience: BA (Hons), PgDip, Practising Solicitor
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