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Taking case against Letting Agent

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  • 29-11-2014 11:22am
    #1
    ParkRunner
    Registered Users Posts: 3,010 ✭✭✭


    Was wondering if any landlord has taken a case against their Letting Agent For failing to inspect the property & as a result leaving them with a bill for repairing damage, which is beyond normal wear and tear

    In my case the deposit was returned in full after the agent inspected the property and confirmed it was in good condition. I do not accept they kept up their side of the contract as I have a bill for €350 to pay for damage done.

    Is the PRTB or Small Claims Court the proper route to go?


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    #2
    Sadler32
    Registered Users Posts: 90 ✭✭Sadler32


    I have just started renting. Unfortunately had to sell my house and had to rent (but thats another story).
    The property is let through an estate agents. At first it was fine, but as soon as the agreement was signed, it is very diffficult to get them. The apartment is fine, but there are a couple of things I would like to find out and also I know its silly, but I need a key for the bike shed, so I can secure my bike properly.
    After numerous emails, cant get hold of them. I get the impression that once the place is leased they dont care.

    So I would imagine from my experience as a tenant, the Letting agent, probably didnt inspect it thoroughly. They may have given it a glance, but not properly, but thats just my opinion without knowing all the facts...


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    #3
    ParkRunner
    Registered Users Posts: 3,010 ✭✭✭ParkRunner


    Sadler32 wrote: »
    I have just started renting. Unfortunately had to sell my house and had to rent (but thats another story).
    The property is let through an estate agents. At first it was fine, but as soon as the agreement was signed, it is very diffficult to get them. The apartment is fine, but there are a couple of things I would like to find out and also I know its silly, but I need a key for the bike shed, so I can secure my bike properly.
    After numerous emails, cant get hold of them. I get the impression that once the place is leased they dont care.

    So I would imagine from my experience as a tenant, the Letting agent, probably didnt inspect it thoroughly. They may have given it a glance, but not properly, but thats just my opinion without knowing all the facts...

    Thankfully the agent did send me some emails (evidence) so I know they did inspect the property but deemed it normal wear and tear. Since I raised the issue of them footing the bill for repairs they have gone silent though. You are right though, they will try get away with doing as little as possible once the documents are all signed


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    #4
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    EF wrote: »


    Is the PRTB or Small Claims Court the proper route to go?

    The PRTB wouldn't have a remit, I would imagine you would have to exhaust the PSR process before initiating any legal proceedings. what sort of damage are we talking about, hard to advise without knowing.

    http://www.psr.ie/website/npsra/npsraweb.nsf/page/whatwedo-investigation-en


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    #5
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    EF wrote: »
    Was wondering if any landlord has taken a case against their Letting Agent For failing to inspect the property & as a result leaving them with a bill for repairing damage, which is beyond normal wear and tear

    In my case the deposit was returned in full after the agent inspected the property and confirmed it was in good condition. I do not accept they kept up their side of the contract as I have a bill for €350 to pay for damage done.

    Is the PRTB or Small Claims Court the proper route to go?

    This is a manged property? letting agents also "just" get tenants too and that would be the end of it.
    I did come across one situation where someone else rented a property managed, the agent did bugger all, deposit was returned and there was some unreasonable wear and tear, ie previously unreported damaged items. Agent said it was fair wear and tear, generally I consider they did no more in the managed property other than have the rent paid to them and forward it on to the landlord, and that was it.


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    #6
    ParkRunner
    Registered Users Posts: 3,010 ✭✭✭ParkRunner


    MouseTail wrote: »
    The PRTB wouldn't have a remit, I would imagine you would have to exhaust the PSR process before initiating any legal proceedings. what sort of damage are we talking about, hard to advise without knowing.

    http://www.psr.ie/website/npsra/npsraweb.nsf/page/whatwedo-investigation-en

    That seems to be the way to go alright thanks. The main issue is that the tenant glued tiles to the wall in one room without notice or consent and the cost of removing them and repairing the wall is what I am looking to get back. The agent admitted they saw the tiles when they inspected the property but were satisfied it was an 'attractive feature' and fell within normal wear and tear


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    #7
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    EF wrote: »
    That seems to be the way to go alright thanks. The main issue is that the tenant glued tiles to the wall in one room without notice or consent and the cost of removing them and repairing the wall is what I am looking to get back. The agent admitted they saw the tiles when they inspected the property but were satisfied it was an 'attractive feature' and fell within normal wear and tear

    Sounds like complete bollox and they couldnt care less or are now stating they saw it, probably didnt even see it or inspect at all, then rely on the landlord not noticing or nor caring or not following up.
    I didnt realise this psr thing was the way to take an agent, I'd have guessed the small claims was but if its the way to go.
    Id wondered about recovering costs from an estate agent before.
    Doesnt sound like fair wear and tear to me, no consent, not informed, what the hell makes the agent think that is acceptable. Just goes to show, agents dont give a stuff so long as they are paid.


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