Urgent advice needed - rental contract fallen through

molerat

As the LA is acting as agent of the LL you sue them jointly ?

G_M

molerat wrote: »

As the LA is acting as agent of the LL you sue them jointly ?

Correct.

In the first instance, warnings: eg "letter before action" one to the LL and one to the agent.

If that does not work, a joint action by all tenants (as joint plaintiffs) against both LL and agent (as joint defendants).

DVardysShadow

FireWyrm wrote: »

I can pretty much guarantee that wont happen. The agent WILL NOT pay the students and that is that. Its a waste of time to continue pursuit of them for this since they DID supply the service for which they received re-numeration. In short, the students were credit checked and approved for letting, paperwork was drawn up and everyone was ready to go. The LA did everything right and no money was taken under false pretenses. The LL however, pulled out of the contract costing the students all fees paid to date. It is the LL they should be taking to court.

OP, it is an absolute waste of time to try and get money from the LA, they WILL NOT pay you. Take the LL to court, all four of you, together, lodge your complaint and split the fee between you. Argue your case, the LL will probably be ordered to pay, but dont hold your breath. There is nothing really you can do to compell payment even if judgement is made in your favor. You can however, attempt to frighten the LL with proposed court action in order to recover your fees and perhaps he might pay up ahead of time. Again, dont hold your breath.

While I can see where you are coming from with that argument, it only holds if the Letting Agent and the Landlord are independent parties and the Letting Agent's admin fee was charged for a standalone service to the tenants.

But this is plainly not the case, the Letting Agent was acting on behalf of the Landlord and the tenants' legal relationship with the Letting Agent is one and the same as the relationship with the Landlord. The admin fee charged by the Letting Agent is, as far as the Tenants are concerned, a fee charged by the Letting Agent on behalf of the Landlord and as the Landlord pulled out it is refundable by the Letting Agent - to whom it was paid - on behalf of the Landlord.

The argument that the Letting Agent should not be out of pocket due to the default of the Landlord does apply, but this is a private argument between Letting Agent and Landlord, nothing to do with the Tenants.