False Reference given by Letting Agent

JD24

Hi all,

Im hoping someone can point me in the right direction. A bit of background...

I am a landlord. Used a letting agent (LA) to handle my property. LA sourced tenants and managed the property from day one to end of that tenancy.

Tenants moved out using deposit as last months rent.

Property was inspected by LA prior to keys being handed back by the tenants. I was told it was in excellent condition. It was not. Furniture was stolen, unreported leaks causing damage to fixtures, carpets destroyed amongst other things.

I lodged a case with RTB, case was won by me (Tenant never turned up to Hearing) and Determination Order made. Fast forward to Solicitors instructed to enforce the Order.

Now my issue... the tenant has actually responded to correspondence and in it he encloses a Reference in relation to his time in my property. The Reference is from the LA. Details in it are factually incorrect, for example stating they were tenants in my property from 2012 when tenancy only began in 2016, property well looked after (not true) and rent paid on time (true except last rent not paid).

My question is, is a Letting Agent allowed to give a reference on behalf of a landlord or in relation to a property. I was never asked for a reference and I certainly never gave permission for a reference to be given in relation to my property.

Secondly, as the details are incorrect i.e. time spent in the property, condition of property, is this not a form of fraud??

Matters did not end amicably between myself and LA for obvious reasons and this has put the final nail in the coffin for me. Any recourse I can take against LA?

Any advice is appreciated.

Graham

Complaints to the PSRA or IPAV maybe? Have a read of the codes of conduct for both.

Iscreamkone

Deposit in lieu of last month's rent is never a good idea.

Marcusm

JD24 wrote: »

Hi all,

Im hoping someone can point me in the right direction. A bit of background...

I am a landlord. Used a letting agent (LA) to handle my property. LA sourced tenants and managed the property from day one to end of that tenancy.

Tenants moved out using deposit as last months rent.

Property was inspected by LA prior to keys being handed back by the tenants. I was told it was in excellent condition. It was not. Furniture was stolen, unreported leaks causing damage to fixtures, carpets destroyed amongst other things.

I lodged a case with RTB, case was won by me (Tenant never turned up to Hearing) and Determination Order made. Fast forward to Solicitors instructed to enforce the Order.

Now my issue... the tenant has actually responded to correspondence and in it he encloses a Reference in relation to his time in my property. The Reference is from the LA. Details in it are factually incorrect, for example stating they were tenants in my property from 2012 when tenancy only began in 2016, property well looked after (not true) and rent paid on time (true except last rent not paid).

My question is, is a Letting Agent allowed to give a reference on behalf of a landlord or in relation to a property. I was never asked for a reference and I certainly never gave permission for a reference to be given in relation to my property.

Secondly, as the details are incorrect i.e. time spent in the property, condition of property, is this not a form of fraud??

Matters did not end amicably between myself and LA for obvious reasons and this has put the final nail in the coffin for me. Any recourse I can take against LA?

Any advice is appreciated.

Talk to a solicitor re suing the letting agent. It does not appear as if the exercised due skill and care in managing the termination of the tenancy.