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  • Landlords in Distress

    Letting agent did not spot sub-letting

    I was shocked to see that my flat had been sub-let to various individuals & locks had been put on all room doors, including the lounge, which had been turned into a bedroom. My managing agent should've picked this up?

    Original tenant was long gone & collecting rents without forwarding on!

    Not convinced he could've afforded the flat in the first place. given his low income - agent at fault again?

    Has anyone got any experience of suing an agent in this regard?

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    Depends on your agreement with your agent; if it's tenant-find-and-set-up only, you are responsible for checking the place regularly. But if you're fully managed, like I, then the agent is for the high jump!

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    Was supposed to be managed & inspected regularly.

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    Your first priority must be to get your property back  Once you have done this then i would look at the agent.

    You may be able to chase them for the rent arrears but it will depend on the referencing and what they showed you first. If the prospective tenant passed the referencing and there was no obvious sign that they could not pay then your case for the loss of rent is not likely to be strong.

    Your case for the costs involved in removing occupiers due to lack of proper management checks may be better if these were not done or were done badly.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.