Suing Letting Agent for negligence
So we are looking to make a negligence claim against our letting agent for not only misplacing the signed addendum to the contract stating break clause and also failing to keep a scanned copy of it, despite confirming to us a number of times via email that we have a break clause. Its a joint tenancy so one of the tenants has given their copy but the other two tenants are alleging they haven't signed any break clause and have sent the document to handwriting expert. Awaiting expert's report.
Failing to keep an original document is a breach of code of practice (The Property Ombudsman).
We now have lost our purchase of the new home and also our sale of the main home occupied by tenant, have incurred legal expenses, mortgage fee etc. And now having to buy a second smaller property as we can't continue to rent (our main house is occupied by the tenant and we are renting and our tenancy expires in Sept) which needs extra stamp duty payable and 10% deposit!
I have been told by Property Ombudsman that we are entitled to compensation and any costs incurred as a result of agent's negligence.
We are now thinking to take them to Court for a bigger compensation as it has been very stressful. Can we claim the costs associated with the second home as if the lost break clause wasn't an issue e wouldn't have been in this situation.
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