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Letting Agent responsibilites to tenant

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709 views 1 replies latest reply: 25 March 2015
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Tenant

If a letting agent is only responsible for finding a tenant and not property management; are they still obliged to check the property before marketing it.  A letting agent has told me that as they are not managing the property they don’t have to inspect or check the property if finding a tenant only for the landlord and not going manage the property.  The details for the property are not all correct which is misleading and a fixture is broken.  Doesn’t make sense!  Please could someone give me an answer because nobody seems to know.

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Hi Rosemary

No they don’t have to inspect or check the property but they do have to market it accurately. The Consumer Protection from Unfair Trading Regulations 2008 prohibit all traders from using unfair commercial practices in their dealings with individual consumers and I imagine that would cover misleading advertising. If you take a look at this government guidance to letting agents there is a specific section on marketing to tenants that states that information on things like the condition of the property should be correct (from page 47). Perhaps you might want to show this link to the agent – regardless of their relationship to the landlord they still have a responsibility to you, the consumer, that is enshrined by law. I’m not a lawyer but if you want to take action I imagine the next step would be to report them to your local trading standards office.

Alex

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