13:53 PM, 16th May 2017, About 6 years ago 12
I have recently evicted a tenant for failing to pay rent after a prolonged legal battle and am currently £12,000 out of pocket. The tenancy was arranged by a well known national letting agency franchise who subcontracted the referencing check to a well know national referencing company.
Many months too late we have discovered the checks were wholly inadequate and after complaining to the letting agent ultimately ended up at TPO. The TPO have responded agreeing that the checks were inadequate, but stating the letting agent are not liable as they employed a third party to conduct the checks and therefore fulfilled their duty.
I don’t agree as our contract is with the letting agent and if they chose to subcontract the work they should accept responsibility for the actions of their ‘subcontractor’. My only option is now legal action, but can I pursue the referencing agency when I don’t have a contractual arrangement with them? To complicate matters further the original letting agent have been bought out and I have no way of knowing if the new legal entity have accepted responsibility for the previous letting agent’s liabilities.
Legal minefield and could use some helpful advice please