Duties/Responsibilities of Agents who sub-let

[N Smith]

We have a tenancy agreement with a letting agent who, for a guaranteed rent to us, have been sub-letting our property. We now want to serve notice on the agents as they have repeatedly let to bad tennants who have damaged the property.
Where do we stand in relation to the cost of repairing the damage which is not just a little wear & tear but actual physical damage such as punch holes in most of the walls, kitchen units ripped out, light fittings ripped from the ceiling, smashed windows, dog mess on the carpets, etc.
Also who should be paying the court cost of getting the tenants removed, bearing in mind that we don't know who they are as the agents have sub-let to them??
Any advise & help in directing us to the relevant points in law would be gratefully received

[Paul_f]

I always tell landlords to shy away from "guaranteed rent" schemes as you have absolutely no control over the tenants, unless you were specific in your instructions to the agent - of course you weren't because the agent wouldn't want you to be and you are just fobbed off as naive landlords!

Study any written terms of business with the agent. If you don't have any then you might find it a little difficult.

The agent has a duty of care towards you so your argument should be directly with them. If they have stuck in a clause in any business terms to say they take no responsibility as to the type of tenant that occupied your property then it is probably worth taking it up with your local TSO; the terms could be considered unfair under the UTCCR's 1999 [find out more from www.oft.gov.uk/unfairterms].

I would certainly withdraw your instructions as soon as possible. If they are members of ARLA/NAEA/RICS then you might want to complain to one of them if you are unable to resolve the matter internally.

I'm afraid there's so much more detail that is required before you can be guided any further.

[N Smith]

What things do you need to know?, We have a AST agreement with them that states they must keep the property in good repair. They claim that the windows were broken by vandals, and as the tenants had been served notice, they didn't bother to chase the supposed vandals.
They claim that as the landlords we are responsible for paying the court cost of removing the tenant, but as we have no agreement directly with the tenant how can it be our cost?, surely they are the lardlords in this case as they have a tenancy agreement with the tenant, which we are not a party to.
Any guidance gratefully received.

[Paul_f]

I agree with just about everything you've said. The AST is with the agent therefore they are your immediate tenants. There is a privity of contract between you and the agent but none with you and your sub-tenant. it means you take action against the agent for repairs/dilapidations howsoever caused and they then must take it up with the sub-tenants in turn.

It's all baloney to shift the legal responsibility onto you when this happens because they're trying to wriggle out of it, and it certainly brings their professionalism into question. See the jugular? Go for it!

[N Smith]

So would our best course of action be to take the agents to the small claims court? and how much should we be trying to claim?, just the court fee, the cost of repairing the damage or the full cost of renovating the property to a habitable state?
They have deducted the money from the last months rent to pay for the court costs of removing the tenant, and although they said they would carry out repairs to the property nothing has been done yet, and I very much doubt that it will be.
Thanks for your guidance Paul, up until now I've felt very much in the dark as I've never been able to find any information about this type of situation.