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New managing agent. Do the original terms still stand?

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I engaged an agency (Agent 1) to find a tenant and manage a property. A tenant was found and whilst in situ the agency was then taken over by another agency (Agent 2).

During the period when Agent 2 was managing the property, we began to have issues with the tenants. Including;

Rent Arrears
5 large untrained dogs (Two originally permitted), plus 2 parrots.
Significant wear and tear issues.
Damage caused by dogs/parrots.
Neglect to the building and fixtures - kitchen, bathroom, carpets, walls.
Tenant refusing access and no other avenue for access being pursued on the grounds of suspected malicious damage.

The situation continued in excess of 8 months with the total cost of refurbishment plus arrears circa £8k.

We have complained to the agent and highlighted areas of neglect on their behalf. Some of the more serious issues include lack of inspections as per the management contract, incorrect serving of S21 twice rendering the S21 unusable, missing invoices. They flat out reject any liability and have not fully investigated the complaint as per the terms of their complaint policy.

In short - Agent 2 is saying that they are not liable for not fulfilling the management contract as the contract was originally with Agent 1. Even though they have taken over management of the property, no new terms or contract were issued and therefore, they are not liable for the mis-management. Though, they did deduct management fees?

I've been a landlord for almost 20years. I'm pretty sure that I have grounds for compensation and referral to The Property Ombudsman (albeit £25k limit). I would just like a second opinion. Mainly for someone to confirm that Agent 2 its fully liable in the same way that Agent 1 would have been?

Any input would be gratefully received.
Thanks in advance.

04/09/2019 19:13

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