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Taking my landlord to Court

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So I have been with my lettings agent for 3 and a half years and safe to say they have become very poor. They have had a lot of issues and in regards to my personal circumstances has led to housing disrepair in the form of Damp & Mould, Inappropriate caretaking of estates, Disrepair of whitegoods. These have been ongoing for over 6 months and so I have gotten my solicitors involved.

What I don't get is why the lettings agent won't sort things out and also why they won't provide Landlord details which is required by law. They have ignored every attempt to escalate this matter. I have tried to ask through email, phone, through writing but they have ignored complaints and request for fair compensation.

They have now spent over 3 weeks ignoring my request for landlord details:

First they say: please can you confirm why you would like the details of the landlord? 

I then state that I want to send a notice to them. They then try and make it look like I have asked to give a notice to leave which I haven't.

Firstly, I'm a bit confused as to why they have done this...

Secondly, my solicitor has sent off the letter before claim, I wanted to see if anyone has ever had any experience of the process and what normally happens next. Obviously, it is hard to give true legal advice but I wonder what is the likelihood of settlement or whether we can expect to go to court, which I don't mind but is a long process.

Thirdly, I don't even know who is liable - is it the landlord for hiring the lettings agent who has been so poor or is it the landlord... And if they don't give the landlords contact details, whose fault is it...

TIA

FYI: I am in England

Comments

  • BarelySentientAI
    BarelySentientAI Posts: 638 Forumite
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    What is identified on your tenancy agreement as the address for serving notices?

    Use that.
  • propertyrental
    propertyrental Posts: 2,695 Forumite
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    edited 10 May at 5:01PM
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    Comments in bold and beneath (assuming this is England)

    So I have been with my lettings agent for 3 and a half years and safe to say they have become very poor. 

    No. You've been with your landlord for 3.5 years. The agent just does what the LL instructs them to do

    They have had a lot of issues and in regards to my personal circumstances 

    No idea what this means. Either explain or don't mention

    has led to housing disrepair in the form of Damp & Mould, Inappropriate caretaking of estates, ('Estates'? How many properties on how many Estates are you rentimg?

    Disrepair of whitegoods. These have been ongoing for over 6 months and so I have gotten my solicitors involved. OK - so what are the solicitors saying? And why have you gone down that (potentially expensive) route?

    What I don't get is why the lettings agent won't sort things out 

    Perhaps their contract with the LL does not authorise them to spend his money?

    and also why they won't provide Landlord details which is required by law. 

    What is required by law is 

    a) an address for serving notices' on the LL which can be anywhere in England and is often c/o the agent (without this you need not pay rent), and

    b) the LL's actual address if you write to the agent and request it.

    They have ignored every attempt to escalate this matter. I have tried to ask through email, phone, through writing but they have ignored complaints and request for fair compensation. It's your LL you need to be chasing, and if that fails, then raise issues with Envionmental Health at the council (eg for damp/mould issues) or the council's Private Tenancy Officer

    They have now spent over 3 weeks ignoring my request for landlord details: If you've put this request in writing then Trading Standards

    First they say: please can you confirm why you would like the details of the landlord? Ignore. Quote the Act (link below)

    I then state that I want to send a notice to them. They then try and make it look like I have asked to give a notice to leave which I haven't.

    Firstly, I'm a bit confused as to why they have done this... Because they are ignorant? Agents need no traing or qualifications

    Secondly, my solicitor has sent off the letter before claim,Claiming what? You'll have to specify and quantify a financial loss. Better to enforce your rights to repairing

    I wanted to see if anyone has ever had any experience of the process and what normally happens next. Obviously, it is hard to give true legal advice but I wonder what is the likelihood of settlement or whether we can expect to go to court, which I don't mind but is a long process.

    Thirdly, I don't even know who is liable - is it the landlord for hiring the lettings agent who has been so poor or is it the landlord... And if they don't give the landlords contact details, whose fault is it...

    TIA

    FYI: I am in England


    Your contract is with the LL, not the agent. See links:
    You should have an address 'for serving notices' on the LL. Usually on the tenancy agreement. If never provided in writing, stop paying rent
    If you want the actual address, quote
    Landlord & Tenant Act 1985  S1 (criminal offence not to give it to you)

    This may also be useful
    Post 2: Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015) plus the Homes (Fitness for Human Habitation) Act 2018




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