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Letting agent lost us income

28 June 2006



NS writes: The managing agent of our let property failed to carry out rent reviews, which has resulted in a loss of revenue. Attempts to settle our claim have met with no success. Is there an ombudsman for such agents who might intervene, or could we turn to some form of arbitration?


Answer

You will need to check your paperwork to see whether the agent had any obligation to make rent reviews. This will depend on the precise terms of the agreement. For example, was the agent instructed to make the reviews and did it know of the review provisions in the lease? If so, you may have a valid claim, though you will probably have to resort to legal action to recover the loss as there is no ombudsman to help out. You should therefore consult a solicitor, who will assist in formulating a claim. Arbitration is only likely to assist if both sides can agree to such intervention, which is not the case here. There is another approach. The agent may be a member of a professional body such as the National Association of Estate Agents or the Association of Residential Letting Agents, both of which have complaints procedures. You should therefore write a letter of complaint to the relevant body.