suing my property letting agent for misinformation / negligence (small courts claim)

[mac132]

This time I'm seeking legal advice in regards misinformation given to me from property letting agent, where as a result I've suffered financial losses in excess of £2000.

About a month ago, I've had a fire in the kitchen - the cause of the fire is unknown however the fire services believe it was due to a faulty kitchen appliance (toaster) and this was stated on the report.

I've been advised not to stay at this property until the necessary repairs have been carried out.

The property letting agent informed us that the landlord has a house insurance policy in place, we've been advised to keep all the receipts for alternative accommodation & send it to their email address as this will be covered by the insurance policy. I've informed the agent I'll be staying at a hotel.

Three and a half weeks go by I get a phone call from the letting agent who proceeds to explain that my hotel expenses may not actually be covered. Their explanation ? They assumed I'd be covered as the previous tenant who was flooded approx. 2 years ago was covered by the insurance policy (accommodation + breakfast expenses) so they assumed I would be too.

Their "assumption" and negligence of the situation has placed me in difficult financial situation, I would not have stayed at the hotel for that period of time, had I been given accurate information.

A month has now passed, repairs are yet to be carried out, the agent informed me its between the loss adjuster and insurance company so they cannot provide a time frame.

The agent informed me they're not responsible for my expenses they merely acting as the middle man.


additional info.
Renting from 2018.
I've had the tenancy agreement reviewed by my local council - landlord not liable for damages.
I live in Wales.

[islandgirl]

Do you have all the advice re the hotel being covered in writing? Were you also insured?

[mac132]

nothing in writing unfortunately however I do have witnesses (my brother & his girlfriend ) willing to confirm in court re hotel being covered. This was a phone conversation. Not ideal form on evidence but it's something I suppose ?

[mac132]

Do you have all the advice re the hotel being covered in writing? Were you also insured?

and also I'm not insured.

[des8]

Whilst your landlord does not have a duty to provide temporary accommodation, there may be an argument that he is bound by his agent's action

I don't think the fact that the agent gave you wrong information necessarily makes the agent personally liable for your costs.

It may be that the threat of a county court claim will bring the other parties to discuss a contribution to your costs, because their costs for defending will be higher than coming to an arrangement.

Do note the "mays" and "I think".
Tagging others who know more than I about the law of agency
R0b atticus dslippy

[mac132]

I've letter before action written up and it would be great if someone could look over it before I send it to the estate agents. I wouldn't want to include anything that could be used against me.

[des8]

If you want the letter reviewed you need to post it up

[atticus]

are you sure that the letter should be to the agents and not the landlord?

[mac132]

are you sure that the letter should be to the agents and not the landlord?

Yes I believe so, it was the estate agent who mislead me and not the landlord, their assumption was based on a different incident two years prior. I can't fault the landlord for this. Had the estate agent informed me sooner that they've made a wrong assumption I'd have no reason to fault them.

[islandgirl]

Why not both? Also do be aware that this claim may result in a S21?

[mac132]

Why not both? Also do be aware that this claim may result in a S21?

Hi Islandgirl

Under what grounds would I make a claim against the landlord. Yes It's a possibility I am aware of however, that won't be an issue for me.

[mac132]

If you want the letter reviewed you need to post it up

24.02.2023

XXXXX
XXXXX
XXXXX

Letter Before Action


Dear Sir/Madam,

Re: Claim for reimbursement of hotel expenses


I am writing to bring to your attention a matter concerning a rental property located at XXXX that I was occupying along with my XXXX which is managed by your firm.

As you are aware, on XXX , fire broke out in the kitchen of the property and I was advised by the fire services not to stay at the property due to the sustained damages until necessary repairs are carried out. I was informed by yourselves that the landlord had an insurance policy in place which would cover my hotel expenses while the property is being fixed. I was instructed by your firm to hold onto receipts for my temporary accommodation as this would be covered by landlord’s insurance policy.

Based on this information, I stayed at a hotel for a period of three and a half weeks. On XX December 2022 I received a phone call from your firm informing me that my hotel expenses may not be covered by the insurance policy as initially stated. Your firm's reasoning for the assumption was based on a previous tenant being reimbursed for a different incident two years prior.

I was shocked to hear this information as I incurred financial loss of close to £3,000 at this point. I would not have stayed at a hotel for that period of time and incurred such expenses had I been given accurate information sooner. It’s fair to say I was better off renting out a different property.

The local authority made arrangements for me and XXXX to reside in a guest house accommodation when your firm finally shared this information with me. The repairs to the rental property were taking longer than anticipated and I was unable to continue staying in a hotel.

I bring this claim against your firm for reimbursement of £2,900 in hotel expenses incurred for the period of XX November 2022 to XX December 2022 due to your negligence, misrepresentation and incorrect assumption. I believe that this claim falls within the jurisdiction of the small claims court and I am prepared to take legal action if necessary. However, I would be willing to settle this matter outside of court if your firm is willing to reimburse me for the sum of £1,500.

Please take this letter as a formal notice of my intention to pursue this matter. I would appreciate a written response from you within 14 days of the date of this letter, confirming whether or not you are willing to settle this matter outside of court or if legal proceedings will be necessary.


I look forward to hearing from you soon.


Yours faithfully,
XYZ

[des8]

Send it if you like, but as you have been advised a number of times by different posters, the consensus of opinions is that your landlord is probably the liable party (if any).
A landlord is bound by whatever the agent agrees, even if unauthorised by the landlord, unless it is something obviously outside the authority of a normal agent in the particular circumstances circumstances.
Suggest you do a quick (?) study around agency law.

[mac132]

Send it if you like, but as you have been advised a number of times by different posters, the consensus of opinions is that your landlord is probably the liable party (if any).
A landlord is bound by whatever the agent agrees, even if unauthorised by the landlord, unless it is something obviously outside the authority of a normal agent in the particular circumstances circumstances.
Suggest you do a quick (?) study around agency law.

Yes you're right, I completely overlooked that aspect. Islandgirl mentioned it may be a case against both parties. I'll amend the letter to include the landlord also.

As always much appreciated

[mac132]

Why not both? Also do be aware that this claim may result in a S21?

hypothetically speaking lets say I've already moved out of that property with no intention of moving back, however I've not yet informed the estate agents.
The landlord is still awaiting property repairs.
if the case does go to court - may this be used against me in any way?

also would this type of case be eligible to raise a complaint through PRS (Property Redress Scheme) or TDS (TheDisputeService)?