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Who is at fault, Agent or landlord?

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I have been approached by a relative with the same problem. He lives abroad and pays an agent for FULL management. unfortunately, he does not know much about English laws. I do not know how often the agent visits the property. The tenant has reported problems with damp. I personally spoke to the agent who told me it was tenant fault as she has been drying clothes in the house. The agent has not been to see the problem himself. I demanded he provides the landlord with photographic evidence. Then he turns round in the same conversation that it could be the landlord's fault as well as there has been leaking guttering.

The agent then serves a section 21 explaining there is extensive work to be done to the place. He also advised the landlord HE will be in trouble if nothing is done about the damp knowing very well the landlord is very keen to do the work, it was he THE AGENT who advised on serving the section 21which ends in April this year.

The tenant has been to the council in the meantime as the damp seems to be widespread according to the pictures. The agent is now requesting the landlord to do the work ASAP. The agent is now making it look as if it is the landlord who is not doing the right thing.

My question is, how did the agent allow the damp to spread to that extent before taking action, who should be held responsible for non action. The agent or the landlord, and how can the work be done with the tenant still in residence considering the extent of the work?
Can the council be asked to find the tenant a place NOW so the work can be done?
11/02/2015 08:19

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