Bringing a claim against your Letting Agent

What to do if your letting agent acts negligently or behaves contrary to what you agreed if there is clear evidence of the fact that they have done wrong, like a breach of contract, then take action immediately. The first step in the process would be to write what is known as a letter of claim.

This is a legal requirement before you can take any action in the County Courts. A letter of claim is simply an indication of your intention to take legal action if the breach of contract is not remedied within a reasonable period of time. Your letter should include some points to satisfy the standards required by the Courts.

This includes:

Your name and address
The agent’s name and address
The date
An extract of the clause from the agreement which you believe the agent to have breached
Why you believe the agent has breached the clause
A brief chronology of pertinent events to date
Your loss resulting from the breach
What you want done to remedy the breach forthwith or within 14 or 28 days (depending on the severity of the breach)

The fact that you will make a claim against them in the County Court for the recovery of a fixed sum (plus interest plus costs) if they do not comply with your demand to remedy the breach.

If the above course of action fails to yield any results then you should consider taking the legal action you proposed in your letter of claim. You would begin this procedure by filing Claim Form N1 in the County Courts . Alternatively, you may elect to pursue this claim online using MCOL. Your content of the claim would essentially be the same as the information you provided in your letter of claim.

Other things to consider: Is the agent a member of any professional body? If so you could also report the case to them.

Unfair Contract terms and the Office of Fair Trading -