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Letting Agent - Liability for bankrupt tenant
Comments
-
Hi,
I just joined and have a similar problem as you did in Jan 2009.
How did you eventually resolve the matter?
Thanks for sharing info and grateful for any input.
Cheers - Suma0 -
There is a lot of speculation here!
What does your contract with the agent say?
If your contract with them was to include credit vetting, and they didn't do it, then they are liable.
If your contract with them was to include credit vetting, and they did it, then they they did it for YOU, so they have to show it to you. (though I would expect a sensible LL to request sight of it before agreeing to the tenants' contract commencing!)
If the credit check shows no adverse entries, then they did their job and are not liable.
If the contract does NOT specify credit checking, then they are obviously NOT liable.
Bankrupcy search 6 months later? No. Unless when they informed you of the arrears you instructed them to do one.
As for the " the long list of issues I have had with the agent ", as these are not detailed we cannot comment.
Basically relying too heavily on an agent is a mistake. At the end of the day, you are the landlord, you are responsible. They will only do things as your agent on your behalf if you have instructed them, in writing, normally as part of your contract, to do so.
Inspection 'required at least once a year'? Well, if the tenants have been there 11 months, what do you expect? I certainly wouldn't expect an inspection for another month.0 -
There is a lot of speculation here!
What does your contract with the agent say?
If your contract with them was to include credit vetting, and they didn't do it, then they are liable.
If your contract with them was to include credit vetting, and they did it, then they they did it for YOU, so they have to show it to you. (though I would expect a sensible LL to request sight of it before agreeing to the tenants' contract commencing!)
If the credit check shows no adverse entries, then they did their job and are not liable.
If the contract does NOT specify credit checking, then they are obviously NOT liable.
Bankrupcy search 6 months later? No. Unless when they informed you of the arrears you instructed them to do one.
As for the " the long list of issues I have had with the agent ", as these are not detailed we cannot comment.
Basically relying too heavily on an agent is a mistake. At the end of the day, you are the landlord, you are responsible. They will only do things as your agent on your behalf if you have instructed them, in writing, normally as part of your contract, to do so.
Inspection 'required at least once a year'? Well, if the tenants have been there 11 months, what do you expect? I certainly wouldn't expect an inspection for another month.
The thread is 2 years old.0
This discussion has been closed.
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