Estate agents duty of care to tenants?

by Readers Question

7:50 AM, 27th January 2014
About 7 years ago

Estate agents duty of care to tenants?

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Estate agents duty of care to tenants?

My partner and I began renting a house through an estate agent last year. We paid our month upfront, our deposit and our admin fee to the estate agent to draw up the tenancy agreement. We have since received letters from the landlords bank and their debt collection company stating that the landlord has defaulted on his payments.

When we contacted our estate agents about this they said it was all in hand and had been resolved. We have since received an order for eviction and a letter stating the landlord did not have permission to let the property with his mortgage and any tenancy agreement was in fact void.

So my question is, do the estate agents we went through owe us a duty of care to have checked that the landlord had permission to let? Estate agents duty of care to tenants?

Also would we be able to retrieve our admin fee back or claim any damages off them?

Thanks

Sammi


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Comments

Renovate To let

16:33 PM, 27th January 2014
About 7 years ago

The Lender is tied to a process to "prove" that they tried to sell the repossessed house for the most they could in a reasonable time - hence the notices on Rightmove etc re offers received. A private deal with the Tenant would be unlikely to pass this test.

The Tenant could approach Landlord and offer a BMV that included cash to be used for paying off the arrears though (assuming the process has not gone too far already).

Yvette Newbury

16:55 PM, 27th January 2014
About 7 years ago

Reply to the comment left by "Renovate To let" at "27/01/2014 - 16:33":

.. and they prefer the property empty to do this presumably? Otherwise the tenant could still put in an offer albeit they are competing with others who place a reasonable offer.

Romain Garcin

17:13 PM, 27th January 2014
About 7 years ago

Tenants have some limited protection in such repossession scenario (basically possibility to delay eviction by 2 months), but they must act quickly.

See guidance from gov.uk: https://www.gov.uk/government/publications/mortgage-repossessions-protection-of-tenants-etc-act-2010-guidance

As for compensation, yes perhaps considering that this would be a breach of contract so you could claim for your loss.

If your deposit is not protected, I'd consider withholding rent to the same amount when the time comes...

Renovate To let

17:44 PM, 27th January 2014
About 7 years ago

Reply to the comment left by "Yvette Newbury " at "27/01/2014 - 16:55":

They do but they can easily get vacant possession because the Landlord let without their permission.

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