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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have let our house through a letting agency for a short

Resolved Question:

We have let our house through a letting agency for a short term contract, which ended in April, the letting agency have failed to collect the full amount of rent and evicting the tenant. We were told we were insured, but due to false infromation given to the insurance company the insurance was deemed invalid leaving us to pay the cost of having the tenant evicted. Is it worth our while suing the letting agency and/or the tenant for unpaid rent?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

It is only worth suing someone if they have assets or income against which you could enforce judgement. You will have to assess whether suing is likely to realise money from the Tenant, so it depends on what their financial position is. Landlord frequently complain of the small amounts of regular payments eventually enforced against tenants (eg. £20 per month) if they plead poverty. You would also have to have an address to send the claim forms to.

You can sue the tenants yourself using www.moneyclaim.gov.uk, it’s cheap and very straightforward to use.

In terms of suing the agents you would have to establish a contractual claim against them. This means that you must be able to show that they have breach a term of your agreement with them.

Check to see if the estate agent has breached any express terms of the agreement. If they have then you will be entitled to terminate the agreement as a result of this breach of contract.

If you cannot see that they have breached an express term of the contract then you should may be able to terminate on the basis of a term implied by the s13 of Sale of Goods and Services Act 1982 that the service provided by them is carried out with a reasonable care and skill. Provided they have fallen below that standard by such a margin that you are deprived of all or substantially all of the benefit of your contract with them then you will be able to sue them for damages based on the loss you have suffered.

If you believe they have breached terms of the agreement then you should either write a letter before action to them yourself or get a solicitor to do it for you ( cost approx £50+vat) setting out your claim and requesting that they pay you a sum of money to settle the claim, failing which you shall issue against them.

You can either negotiate with them based up their response or sue them at county Court.

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Kind regards,


Tom
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