Breach of Duty of Care? – Help please

Breach of Duty of Care? – Help please

10:11 AM, 27th April 2018, About 5 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,


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Ian Narbeth

9:38 AM, 12th June 2018, About 5 years ago

Hi Munro
Not sure there is much I can add. Unless you sue them you may get nowhere. You will have to work out with your solicitor whether the cost in time and money of legal action is worth it.
If you are adept at Social Media you could post on Twitter, Facebook etc complaining about your treatment. Just be careful you can substantiate any claims you make.
Good luck


3:55 AM, 22nd June 2018, About 5 years ago

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Ian Narbeth

11:43 AM, 22nd June 2018, About 5 years ago

Hi Munro
Is there a reason your current solicitor cannot take this forward for you? You need to separate your claim against the tenant from the claim against PB. As I mentioned previously you have to work out if it is worth pursuing. There is no point spending £1500 to £2000 in fees to recover £2000.


12:34 PM, 22nd June 2018, About 5 years ago

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Ian Narbeth

12:53 PM, 22nd June 2018, About 5 years ago

On the basis that you are not claiming against PB then claim all that you properly can from the tenant. However, you cannot claim for rental losses arising from PB accepting a surrender. As between you and the tenant, PB are your agent so if they agree something it is as if you had agreed it.

Your claim against PB is a different cause of action: they did not have authority to agree what they did.


13:00 PM, 22nd June 2018, About 5 years ago

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6:37 AM, 6th March 2019, About 4 years ago

Reply to the comment left by Munro at 22/06/2018 - 03:55
Hello Ian,
A fair time has passed by sadly with little success or a positive resolution. I ve just made a new post on this latest debacle, be really grateful if any comments please. Thanks.

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