Key Topics
Agent’s failure to conduct quarterly inspections.
Award
£200 to the Landlord.
Resolved by: proposed decision
Case Details
- The management agreement entered into between the Landlord and the Agent stated that the Agent would conduct quarterly inspections as part of the fully managed service;
- The tenants made numerous alterations to the property without gaining permission and caused damage to the property;
- The Landlord was not made aware of the alterations or damage until the end of the tenancy;
- The Landlord claimed the cost of remedial works from the Agent.
Evidence
Inventory and check-out report.
Decision
A compensatory amount was awarded to the Landlord in the sum £200 for the Agent’s breach of their obligations.
Key Points From The Case
- The Agent is not liable to pay for the remedial works required, the Landlord should pursue the tenant for these costs;
- The Agent cannot be responsible for the tenant’s breach of the tenancy agreement;
- It is outside of the remit of the PRS to deal with any breaches of the tenancy agreement by the tenant. The Landlord should use the services of the relevant government authorised tenancy deposit protection scheme or use the court service;
- The Agent failed to conduct quarterly inspections as they agreed to do in the management agreement;
- The Agent should do what is expected of them under their management agreement;
- The Agent should carry out routine property inspections in a reasonable way, ensure that they are thorough and regular and seek to resolve any issues identified;
- Whilst quarterly inspections would only highlight obvious issues in the property, the Agent should carry out any services using reasonable skill and care and in a timely way;
- The Agent should keep the Landlord informed of any breach of the tenancy agreement by the tenant and it is good practice for the Agent to provide the Landlord with a copy of the quarterly inspection report.
