UK Landlord Forum / Life

Two years ago I instructed a Lettings agent to let my house. They appraised,marketed took photos and found a tenant for me. I paid their fees.
This year my tenant gave notice. I contacted the agent I had used before to enquire what the process was to find a new tenant eg how much rent should I charge, would he take new photos? I was told 'someone' would call me back to let me know. Five days passed no-one contacted me so I approached another agent who has successfully let my property.
Ten days after my first contact with the first agent I received a voicemail telling me they had found a tenant for my property who had passed all their tests.  What?? I had not agreed te rms, had not heard anything from them and had no idea how much they had offered my house to their tenant for! I told the agent this and that I was not prepared to use his services as I had sought help elsewhere.
He then proceeded to tell me that I was in breach of his terms and conditions. What T&C's said I I have never received any, signed any nor have I received any written confirmation from him of any. He isn't listening. I noticed from his website that on the day I made my 'enquiry' he uploaded the old details he had kept of my house and offered it for let without telling me!! Email communications have gone back and forth between us me denying I owe him anything him explaining that his T&C's are Ian beach and I owe him £645! If I don't lay IT he will proceed through the court, I have now received court papers requesting payment of this amount plus court fees.
How can I possibly owe this person money without any exchange of instruction to act or T&C's?? According to The Property Ombudsman which he is a member of, I should receive such T&C's  and agree them before he proceeds. I have contacted them for help but they can't help as court proceedings have been started. My question is can this agent really sue me for 'reasonable' fees (I do not consider £650 to be anything like reasonable and highly inflated) when I have nothing to prove I instructed him either verbally or in writing/email? I'm going around in circles here!! Any help would be much appreciated. Didn't know this forum existed! First timer...

Hi Landlady,

God, that agent sounds awful!! Can't believe theyre pulling a stunt like that. Sounds like they're just bullying you.

I personally don't think they stand a chance if there is no contract. I would personally fight the case if it goes that far.

Did the agent actually knowledge that you have no contract?

You can still lodge a complaint with the Property Ombudsman, I would definitely do that.

Hi
No he has not acknowledged that fact! Any communication I have had with him pointing these issues out, he has completely ignored and quotes his T&C's!! TPO asked him if he would delay proceedings whilst they try to resolve the matter and he refused, so I have to respond to this county court thing. I guess I will have to call a solicitor tomorrow and find out if he can sue me for these fees without agreeing terms with me or sending me anything whatsoever in writing! It's a nightmare I too think he is just trying it on for the sake of £60 court fee hoping to get £705 out of me, but he has no chance. It's so stressful and I feel like he is harassing me!
Thanks for replying, I will update the outcome once I know what it is! :-(

Best of luck, and I'm genuinely relieved you're fighting this.

Just make sure you keep a record of everything and keep all communication via email! The fact he is ignoring your defence speaks volumes.

I know how stressful it can be, trust me, I've been there. It will get resolved!

Please let us know what the solicitor says.

I'd not pay. I'd also not pay a Solicitor. Turn up at Court and state your case in plain English terms... no contract equals no payment due. A part of me thinks it wouldn't even end up at Court... Agent sounds like a chancer. Personally, I'd not be getting stressed, it'd be like water off a duck's back. Just stop communicating with the Agent, if you still are. There's no point. If the Agent tries to get in touch with you, ignore them. Another part of me suspects a settlement offer might come your way at some point... I'd ignore that too. If it ended up in Court, all the onus of proof is on the Agent.