UK Landlord Forum / Life

Would it be possible to sue my letting agent ?
Basically for bad management?

Based on what you've said, I'd say yes, it is possible. Take them to the cleaners.

You'd have to show that they were either in breach of their agreement with you, or that the service that they were providing was without "reasonable care and skill". Both would be very difficult to show, in my view.

And trying to evict your tenant with a hostile letting agent is next to impossible. I'd talk to them and see if you can find out what the problem is - but your timescale is far from unusual. My mother (who lets one property) has taken nearly a year using an eviction specialist - and is still waiting for a bailiff date. So your agent may just be experiencing the same issue(s).

Of course, they could just be useless.

I can't see what this refers to, is there another thread somewhere?  Even without seeing details I would say that trying to sue anyone in this country is a waste of time and money. The law is an ass, and you will end up more embittered and even more out of pocket. Using social media or review platforms might give you some small satisfaction.   

Quote from: heavykarma on October 31, 2023, 01:07:17 PMI can't see what this refers to, is there another thread somewhere?

Yes, they started this follow-up thread separate from their original one here: https://www.landlordforumproject.co.uk/landlord-advice-help/advice-please-7099/msg36740/#msg36740

Your Agent is an Estate Agent not a Solicitor, so it would be hard to press any claim suggesting this was a "professional negligence" failure.

Strictly speaking they are not able to represent you in the filing of a possession order, i.e. they can't put their name on the n5b as the "Claimant's legal representative's firm".

They could fill out the form on your behalf and then give it to you to sign, then file it with the fee. If they took money to fill out the form and never gave it to you to sign, then if you had adequate written emails to confirm that, you might have a claim against them, although you have suggested they only asked for the Court Fee, so did they charge extra for this?

If the n5b has not been filed then your Section 21 has expired and you have to start over.

I would contact the Court and ask if the n5b has been filed and get the claim number.

Ask the agent for a receipt from the Court for the filing.

The n5b is a 20 page form which covers all the situations when your possession order may not be granted, most of these are detailed in the form 6A Section 21 notice notes

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1185337/Notes_to_form_6A.pdf

The n5b is relatively easy, just read the questions and collate the evidence required for the attachments listed on page 20, put a blank sheet between each of the attachments and number it as prescribed.

You would usually attach a certificate of service for all documents that were required to have been served, failing that you will need a statement from the Agent with evidence confirming it was received.

In future use the special offer on the link below

https://www.propertyinvestmentproject.co.uk/blog/landlord-legal-advice-tenant-problems/

Quote from: Shoshin on October 27, 2023, 06:38:17 PMWould it be possible to sue my letting agent ?
Basically for bad management?

Quote from: Shoshin on October 08, 2023, 06:50:29 AMGood morning
I decided to sell a property. My letting agent issued my tenant with a section 21 in march of this year with an agreed move out date. The date came and went and the tenant didn't move out. My agent then advised me to seek a possession order so I sent him £350 for the initial fee and he said he forward me the correspondence- receipt, acknowledgement etc. this was at the beginning of June. I have had no acknowledgement, receipt etc from him and when I have asked for confirmation he said he will forward when he receives it. We are now into October, my question is this correct or is he just taking the mick ? Any advice comments this would be greatly appreciated.
Thanks