How to sue a letting agent for breach of contract?
Hi, I am a landlord and I entered into a long battle with a former letting agent regarding their fully-managed service of my property. Following legal advice, I put in a formal complaint to the agent and followed their complaints procedure, escalated this to the Property Redress Scheme, rejected their early resolution proposal and have only now received their final proposal and this is not acceptable to me.
I would like to sue the agent for breach of contract. I’m waiting to see if my insurance covers me for this but meantime can anyone talk me through how I do this? Is it a case of completing a Money Claim Online (MCOL)? Or something more?
The legal advice team mentioned N244 but I think they have muddled me with a tenant. I own the property.
Any advice would be appreciated.
Thanks,
Debbie
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Member Since March 2015 - Comments: 1969 - Articles: 1
12:29 PM, 20th May 2024, About 2 years ago
What are the details of the complaint? What did they do (or not do)?
Member Since August 2016 - Comments: 508
2:08 PM, 20th May 2024, About 2 years ago
May I respectfully suggest this is not a matter for a litigant in person unless familiar with court practice and procedure?
Best advice in your position is to seek good well experienced advice from a suitable solicitor. Your letting agent won’t wish to give up without a fight.
Sort out the issues on paper. Get all your ducumante ready, including any you fear may not help you.
Do your sums. Is it worth the likely expenses and risk?
Good luck!
Member Since July 2013 - Comments: 30
10:10 AM, 21st May 2024, About 2 years ago
Hi
We have been successful in the past in suing agents for breach of contract. Our last case resulted in the agent’s insurers paying £15,000 to our client. Of course, every case is different and it depends on what breach has occurred and what loss has been suffered (and what can be proven).
MCOL is one method of starting proceedings. There are others.
Happy to have a chat further. We offer free initial consultations.
Member Since May 2021 - Comments: 15
9:28 AM, 22nd May 2024, About 2 years ago
Hi I am in the pre-action protocol stage and was going to represent myself. I don’t want to, isn’t up to £10,000 meant to help you save on legal fees and be a litigant in person?
Member Since July 2013 - Comments: 30
9:42 AM, 22nd May 2024, About 2 years ago
The small claims process is designed for people to deal with it themselves however you do not have to. It is a choice. If the claim is a small claim (and the value of the claim is not the only determining factor), then if you use a lawyer, the lawyer’s fees may not be recoverable from the other side except in rare circumstances.