Question about Estate Agents & subletting

[Mrs Magpie]

If an estate agent handles an illegal council sub-let and the unwitting tenant who is in there renting in good faith is evicted, do they have any come-back against the estate agents? Don't they actually do any checks?

 

[Badgers]

Good place to start

http://www.tpos.co.uk/consumer_guide_rents.htm

 

[Mrs Magpie]

Thanks Badgers
I really hope the tenant has some come-back. It seems something really basic, that an estate agent should check that a prospective landlord is actually legally entitled to let a property eg look at deeds.

 

[Badgers]

The estate agent took 'some' responsibility when they took on the property. There should have been checks made for sure.

If they are a member of The Property Ombudsman (or possibly ARLA) then this can be escalated quicker I am sure. If not then there is still action to be taken but it may not be cut and dried. The bullshit landlord may have tricked the agent then done a bunk. Not saying the agent is off the hook but they will fight it most likely. Probably have more time and resources to fight than the poor evicted tenant

It is, in the main an unregulated industry sadly.

 

[Puddy_Tat]

I have a nasty feeling that the 'sub tenant' here has few rights - this page from Shelter suggests it's complicated - I'd suggest the tenant in question gives Shelter's advice line a call.

Considering that letting agents are* a bunch of useless parasites, the chances of them doing anything useful is remote, and if they did, they'd probably charge both landlord and tenant ten times whatever it cost them to do the checks.

* - i admit the remote theoretical possibility of the existence of letting agents who aren't twunts.

 

[marty21]

it doesn't cost much to check - about £3 on the land registry will get you the name of the owner of the building

 

[19sixtysix]

Sub tenant may not have many rights but I'd suspect they could probably sue for the rent paid from the agent since they were not entitled to enter into the contract.

 

[Badgers]

it doesn't cost much to check - about £3 on the land registry will get you the name of the owner of the building

It does. Most of the big agencies will have LR access to do searches. My guess this is not a big agency though. If a 'landlord' walks in with keys to a flat that looks fine some agents won't question them sadly.

 

[Mrs Magpie]

Well, lets just say it's one of London's biggest estate agents. I spy with my little eye something beginning with F.

 

[Badgers]

Well, lets just say it's one of London's biggest estate agents. I spy with my little eye something beginning with F.

They are the pits. Good thing is there are endless cases of poor practice and court cases they have lost. The bad thing is they have a mean legal team.

They are members of the ombudsman

 

[Mrs Magpie]

They are members of the ombudsman

Oh good