Suing my Estate Agent

Jellybean_Jo

caela wrote: »

The estate agent MISREPRESENTED the property by failing to tell us about the mould which THEY had known about a year prior and which they had covered up! THEY advertised the property to us- the landlord did not take us round and brush over significant facts like mould and the fact the property was really part-furnished and I'd have to remove all the broken crap from it. The estate agent didn't contact the landlord about the mould- they would constantly tell me on the phone that I should just clean it off with a cloth. It was them, consistently, who failed to act within their designated duty of 'maintaining' the property which they were responsible for- they were supposed to arrange these things. If they have a landlord on their books who is not fit to let properties, they should refuse to use him any more. If the tenants have issues with repairs and the estate agents is responsible for maintenance, as they were, but it is the landlord who is failing to fund those repairs, the estate agent should have advised us of it. We were never told it was down to the landlord not paying out, it was always because the estate agents couldn't be bothered to contact him in the first place. I don't care who it was, them or him, they can pass it on to him, but everyone has to understand several faults were actually with the agent and not the landlord and that cannot be argued. I am fed up of going over this, all I want to know is how you can put a value on personal compensation, that is it. Not whether or not I have a case, which I do, or who was in the wrong, please can someone just answer my original question. I'm not being rude I just don't want this going off topic.

But people will continue to go over it because you're just not getting it!! You came on here for help, whether it's about one specific part of the situation or not, if you have a basic error like that wrong, people are going to try and help you. That's all people are trying to do; help.

The agent doesn't 'use' a LL, it's the other way around! And why should they get rid of him anyway? They're a business, they're out to make money. And they did because despite all your complaining you still paid your rent.

Do you have absolute unquestionable proof that they "couldn't be bothered" to contact the LL and that all the decisions were made by them? Or is this just an assumption you're making?

Again I reiterate the point that all people are trying to do here is to help you. If you don't want to accept that help then that's fine, waste your time and money, but don't get snippy when you don't like the responses that you've pretty much brought on yourself.

jjlandlord

caela wrote: »

The estate agent MISREPRESENTED the property by failing to tell us about the mould which THEY had known about a year prior and which they had covered up! THEY advertised the property to us

This is not misrepresentation because you say they did not tell you about the mould.
Misrepresentation would be (courtesy of Wikipedia) to make "a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract".

So here misrepresentation would have been e.g. them telling you that the house was mould-free. (and you would have to prove that they told you that).

Plus I don't know where you're getting at here: You lived at the property for 4 years (so it must have been liveable enough), then moved out, and now you've decided to quick a fuss?
With respect, this sounds like another scam to get 'compensation' for whatever...

BitterAndTwisted

OP: you are wasting your time and energy focusing on events that resolved themselves a year ago when you moved out of the property. The time to negotiate a rent-reduction or any compensation FROM YOUR LANDLORD was while you were still a tenant in that property. Please don't waste your money as well in trying to pursue this as you will get absolutely nowhere with it.

Draw a line under it and move on.

r1chscott

The only person who can sue the agent is the LL. If (and I can't help but feel that it's a big if!) you are successful in suing the LL then the LL could decide to sue the agent for failing to pass on concerns etc. You have no contract with the agent therefore you have no form of redress, and indeed, nothing to redress.

bouicca21

OP if I get this thread right all you want to know is how much you can sue for. The answer is as much or as little as you believe you are entitled to. It really doesn't matter what price you put on your inconvenience and suffering because you aren't going to get anything.

googler

By 'misrepresentation', is the OP referring to the Properties Misdescriptions Act, or to another form of misrepresentation under contract law?

GDB2222

I disagree slightly with the above. IF you have SERIOUS and ongoing health issues on account of the mould, you can seek damages. There may be an issue about the time delay. Find a no win-no fee solicitor to advise you.

princeofpounds

Yes, if the property has been harmful and the landlord negligent then you may have a case, although questions might be asked about why you stayed there that doesn't totally invalidate what happened.

But you have to sue the party responsibile (and here's a hint, it doesn't begin with A).

ILW

Looking at other posts, OP does appear to have "issues".

GDB2222

ILW wrote: »

Looking at other posts, OP does appear to have "issues".

Let he who is without issue cast the first ...