Breach of Duty of Care? – Help please

Breach of Duty of Care? – Help please

10:11 AM, 27th April 2018, About 4 years ago 27

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Through a certain online agency I had a tenant on a “fixed term” 12 month tenancy with a “no break” clause, there was also a guarantor in place.  Within a few months the tenant made several requests to leave, each month with a different reason, non appertained to the property’s condition, suitability or safety, but more of “personal issues”.

I tried to be sympathetic but as a retiree living Overseas I required the security and continuity of the fixed term rental income of my home.  So I had to decline the tenants requests.

In short the tenant bombarded myself and my lettings agent with emails,  unbeknown to myself they managed to negotiate an early release.   The first I was made aware was when the tenant Ccd myself in on their one months notice to Purplebricks staff.

I immediately replied once again with specific instruction and refusal.  But this went ahead.

My property was not only left damaged, with items removed, but it has been empty for three months.

When my solicitors tried to recover the costs of lost rental and damages, the tenant and guarantor cited an email agreement from my letting agent giving permission.

I have been through Purplebricks internal complaints procedure and I was not happy with their findings, nor their offer of two months rent to me. I turned this down, requesting more than they offered.  But they reimbursed me anyway, but worded as a “refund”.

We made no agreement or acceptance from myself nor was it mentioned as a full and final settlement.

Any advice please?

Thank you kindly,

Munro



Comments

by Munro

5:26 AM, 1st June 2018, About 4 years ago

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by Ian Narbeth

11:03 AM, 1st June 2018, About 4 years ago

Hi Munro
What do I make of it? It appears PBs have forgotten you are their client. However, it does not appear they are members of any professional body (professional as in enforcing professional standards as opposed to professional - doing it for money). So you can't report them to their professional body. It is likely they are in breach of their contract with you.
As I said in my earlier post, legal action will be the way to get a reaction.
PB will spend a lot on PR and you need to be wary of posting on social media. You could write to Paul Lewis at Moneybox but I suspect he gets thousands of requests for help. You might strike lucky if he is investigating PB. Two minutes Googling turned up https://www.estateagenttoday.co.uk/breaking-news/2017/4/purplebricks-called-cynical-disingenuous-by-agents-trade-body and https://thenegotiator.co.uk/will-agents-back-chris-wood-against-purplebricks/ and https://blog.pdq-estates.co.uk/2017/12/12/purplebricks-and-the-case-of-the-regulators-who-wont/
You might also check WHO EXACTLY you have contracted with as it appears PB operate through franchisees so your "agent" may be a £100 shell company.
That's my five minutes' worth.

by Munro

11:50 AM, 1st June 2018, About 4 years ago

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by Ian Narbeth

12:01 PM, 1st June 2018, About 4 years ago

Reply to the comment left by Munro at 01/06/2018 - 11:50
Haven't had time to research it. Suggest you do so and if you think it worthwhile write to ARLA/NAEA. But as I said earlier sue the bas...ds. That way they have to respond and cannot spin matters out.

by Munro

12:25 PM, 1st June 2018, About 4 years ago

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by LordOf TheManor

15:19 PM, 1st June 2018, About 4 years ago

Hi Munro
Although it is a bit of a palaver to lodge a complaint with TPO it may help you in the long run. You don't have to abide by their decision or accept their level of payout - however, any findings in your favour will assist you when it comes to taking this case to the Small Claims Court.

I have to say that I have found TPO's current lady Ombudsman much more efficient than her predecessor. I am sure she will get a good grip on this case so I really hope you pursue it.

Best of luck and please keep us all in the loop. Thank you.

by Munro

1:28 AM, 2nd June 2018, About 4 years ago

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by LordOf TheManor

11:56 AM, 2nd June 2018, About 4 years ago

Reply to the comment left by Munro at 02/06/2018 - 01:28
Hi Munro

Yes, that's true: you can't use the report of TPO in your evidence bundle but a thorough look at the case by the Ombudsman may highlight other failings that are then usefully brought to your attention! Nothing would stop you including the info to your court claim if it adds more weight. Lifting quotes off the TPO website from their 'lessons learned' won me my last case in front of a Judge. Copy the page from the website and refer to that as evidence if the 'learning' supports your tale of woe/agent error. Simple!

Well done for the success with your previous claim! Glad you did that: these rogues shouldn't get away with it. Good on you!! And yes..... got the message loud and clear re PB.

Best of British, Munro.

by Munro

12:09 PM, 2nd June 2018, About 4 years ago

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by Munro

6:11 AM, 12th June 2018, About 4 years ago

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