Suing letting agent for negligence

[ouch]

Has anyone any experience of suing a letting agent for negligence. We paid agent for fully managed service but they allowed rent arrears of £1800 and did not carry out thorough final inspection which would have revealed missing / damaged items. Also failed to get guarantors for 3 tennants and the guarantors for the 2 remaining tenants were on benefits so about as much use as a chocolate teapot. We are considering going to small claims court against the agent. Any advice welcome.

[Paul_f]

If you are able to account for your financial loss then you could make a complaint to the Ombudsman for Estate Agents if they are members (not all letting agents are but if they are sales agents too they are obliged to be by law). Otherwise you can take action through the courty court and using a good solicitor would be to your advantage.

[Paul Gibbs]

As a professional negligence claim there is a pre-action protocol that should be followed.

A professional negligence claim is complex and would probably be allocated to the fast track irrespective of the fact the value is below £5k.

You can call me (or email) if you want to discuss further.

[dominic]

Remember, suing for breach of contract will be a much easier fight than suing for professional negligence (which should be pleaded in the alternative).

Without pointing out the obvious, a wrongdoer may breach the terms of a contract but not be negligent.

Your agent owes you, as his principal, certain express contractual duties under the terms of the agency agreement, and other implied (common law) duties.

The implied duties of an agent (subject to variation by the terms of the agency agreement) are as follows (I am determined to get these out there as much as possible!):

1. To obey the lawful instructions of the principal.

2. Only to act within the limits of his authority.

3. To use reasonable diligence and care, and reasonable despatch.

4. Not to put himself into a situation where his interests will conflict with those of his principal.

5. To disclose all material facts to the principal and to refrain from divulging confidential information to third parties.

6. Not to make a secret profit or accept bribes.

7. To account to the principal for property and money of the principal which is under his control.

8. Not to delegate his authority.