8:37 AM, 26th February 2014, About 7 years ago 13
We used a Letting Agency to source a tenant, the criteria was a working person, suitable for insurance to secure the rent monies, and that referencing materials to be passed to us prior to the tenancy so that any queries, if any, raised by us, could be addressed.
Tenant actually took occupation just before Christmas 2013, but i was unable to contact the agent over Christmas to as they were closed to see the referencing materials. It seems that the tenant was not on the electoral role, but the referencing agency, FCC Paragon, stated that this was OK since they had found him using other sources, Equifax I believe.
Long story short, after first month, no rent, unable to make contact with the tenant, fails to return calls, I make a claim with FCC Paragon.
I then find that the property is being used for the propagation of cannabis, and the property is absolutely wrecked, holes in walls for ventilation equipment etc. I did visit the property to see if I could get in, but no answer, although tell-tale condensation inside suggesting large heat and water use.
My question is; Does the letting agent or referencing company have a duty of care to the landlord to properly reference the tenant?
The High Court Smeaton case suggests that referencing agencies do not have an absolute duty of care, however I feel that this tenancy could have been avoided if proper questions were asked, questions that were obvious, bank accounts etc.
I invite your comments.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|