Legal position regarding Agent

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R
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I am contemplating taking my agent to court for loss of rent and legal costs for evicting my tenant - will total approx £9K. However before I run up more legal fees was interested if anyone has any comments to make on where I stand legally with the following scenario.

My Agent ran a credit check at the time of the let and advised the tenant "passed". It transpires there are 2 levels of credit check the agent performs. One for a let only fee and one for a fully managed fee. I took the let only option with the agent so apparently I was only entitled to their basic credit check. One point to note, I was not advised this at the time. However the agent has now advised an administrative error occurred and my tenant was given the full credit check.

I have now seen the file on the tenant and the check states the tenant is "unacceptable".

The agent is denying any negligence because I was only entitled to the basic check - which the tenant would have passed - therefore they did their job.

Surely even if a more in-depth check was done in error, it was the agentís duty to warn me of this position. Any comments would be appreciated.

25/02/2009 00:00

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