Is my letting agent responsible for lost rent and damages?

Is my letting agent responsible for lost rent and damages?

0:01 AM, 30th October 2024, About 2 months ago 6

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My short term lease expired with my letting agent and they refused to move out the tenant. After 3 months I contacted the local housing authority to have the rent paid directly to myself or the new letting agent I wanted to manage the property.

The housing authority stopped the rent and it was an additional 3 months before the keys were left with a neighbour with no handover/takeover done. A lot of damage was caused in the flat and the the letting agent had only just renovated it prior to the tenancy.

Is the letting agent responsible for the lost 3 months rent and damage caused?

Any advice would be greatly appreciated.

Thanks,

Tay


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Ian Narbeth

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11:06 AM, 30th October 2024, About 2 months ago

Dear Tay
On the basis of the limited information you have given, it is impossible to answer.

Is the agent also the letting agent? Is not, how are they responsible for damage? Even if they are, it will be hard to make them liable. Did they fail to take up references or received bad references but failed to inform you? Did they accept a tenant on benefits without your agreement?

You write that they "refused to move out" the tenant. That's not how it works. If the tenant does not want to leave at the end of the contractual term, the landlord needs a court order to evict them.

You say the "keys were left with a neighbour with no handover/takeover done". Did the agent ask the tenant to do this or did the tenant just leave? I cannot see how the agent is responsible for the lost rent.

You seem to have unrealistic expectations that having an agent means you will have no problems. Welcome to the reality of landlording.

Thekla Ruppelt

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11:17 AM, 30th October 2024, About 2 months ago

Yes the agent is the letting agent. They did not tell me the tennant was on benefits. I told them in advance I wanted the flat back at the end of the lease. They did not offer a new lease. I wanted to get a new agent but they would not let the tenant talk to them. I just wanted the rent to be paid to the new letting agent. I wanted my flat to be managed more professionally. The council held back the rent until they moved out.

Tay

Steve Rose

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21:03 PM, 30th October 2024, About 2 months ago

Surely the tenant is responsible for the unpaid rent and for the damage?
Your letting agent is responsible for exactly what is covered, in writing, in the terms and conditions of your agreement with them.
You, as Landlord, are ultimately legally responsible for everything (even for a mistake by the letting agent).
This really isn't a business for amateurs.

GlanACC

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8:46 AM, 31st October 2024, About 2 months ago

NO, the agent / letting agent is not responsible.

They should have informed you the rent hadn't been paid but that's about it, and left you to decide what action should be taken.

Agents / letting agent won't take the tenant to court without the permission of the landlord.(and they also normally want fees to be paid in advance)

DPT

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11:46 AM, 31st October 2024, About 2 months ago

Is this rent to rent? You mention a short lease with the agent. Does this mean that they had a tenancy with you that allowed them to sublet? If so, then overall you've probably got away lightly.

Judith Wordsworth

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9:59 AM, 2nd November 2024, About 2 months ago

Short term rental and tenants on housing benefit?
No Council will pay housing benefit for non AST tenancy, a minimum of 6 months Tenancy Agreement though most Councils require a 1 year TA.
And was the deposit, if you took one, protected?
So many breaches of L&T legislation and regulations you’re lucky the tenants aren’t taking you to court!

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