My letting agent has done a runner
My letting agent has done a runner and left various aspects of my property management in a mess.
In some cases, the tenants named no longer exist. The Gas & Electricity Supplier is owed a lot of money from these non-existent former tenants, and current ones which the agent has not advised them of. The supplier has intimated that as landlord, I am ultimately responsible for unpaid bills.
My view is that they had a contract between themselves and tenants. I have never been involved. However, it does occur to me that if the agent (technically my representative acting on my behalf) has been negligent in not advising of tenant changes etc, then I could ultimately bear responsibility. What are your views on this?
Best Regards
Colin Massey
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Member Since January 2011 - Comments: 12196 - Articles: 1396
6:26 PM, 24th August 2012, About 14 years ago
Hi Colin
Have you checked whether your letting agent had Professional Indemnity Insurance? If they were members of a professional body such as ARLA, NALS, RICS etc.? This is a compulsory criteria of membership.
I will not comment on vicarious liability as this is an extremely complex area of law
11:18 AM, 25th August 2012, About 14 years ago
As long as the invoice/acc with utility company remauins in the tenant name they are liable. If you wish to pick up the acc from “now” then they cannot hold you liable to other peoples debt, assuming this is all clearly laid out in the AST which presumably you have a copy of and can forward to relevant providers. if however they have put the bills in your name you will have a bit more of a fight on your hands to get the liabilty shifted to the tenants – but a signed AST will sort this out…..eventually !
Member Since June 2013 - Comments: 646 - Articles: 1
8:21 AM, 26th August 2012, About 14 years ago
weve been in a similar situation with a nightmare tenant and utilities didnt ask us to pick up the tab