• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

What recourse do landlords have against their letting agent if tenants leave with rent arrears?

This post is more than 5 years old

November 10, 2020 by Tessa Shepperson

rented propertyHere is a question to the blog clinic from Rebecca who is a landlord.

Our tenant left our property with notice earlier this year having stayed since 2012. We employed a management agency to manage the tenancy.

Whilst the tenant has always been erratic with her payments (Xmas periods in particular) she has always paid up.

This year was slightly different in that our managing agents were taken over about four months ago by another local agency. At around the same time, the tenant missed the first payment. The agency did not notify me – I found out by looking at our bank statement. They promised to investigate.

Two months ago the tenant gave notice. I asked the agency to make sure she paid up before vacating. No payment was made, and the tenant left owing 3 months rent. The security deposit is likely to be mainly used on cleaning and damage, and would not cover the arrears anyway.

My question is what recourse, if any, do I have against the managing agents if they fail to recover the arrears? They have a forwarding address for the tenant, but do not seem to have recognised the intensive management required – from a distance (we are currently working abroad), our tenancy seems to have fallen in a crack during the agency handover.

Answer

Whenever you have a dispute with your letting agents you need to look first at your agency agreement, to see what they have actually contracted to do.  In this case, the agents are new, but they will bound by the agreement you signed with the old agents as they have taken over their business.

There is also the general obligations that agents have under the Consumer Rights Act 2015 to perform their duties with ‘reasonable care and skill’.

It does sound as if the service provided by the second agents is not as good as the service provided by your original agents. 

However, on the other hand, it’s not really the agent’s fault if the tenant leaves owing rent.  You say that you asked them to ‘make sure she paid up before vacating’ but all the agents can do is make demand and chase her up. If they failed to do this then this is poor service but the agents will not, for example, become liable for the unpaid rent themselves. 

Under contract law, the remedy for a breach of contract is to put the wronged party in the position they would have been in had the contract been performed as it should.  Would the tenant have paid the rent if the agents had chased her up?  It’s hard to say.

It may be worth bringing a complaint against the agent for poor service to their Property Redress Scheme.  However, before doing so take a look at the agency agreement – so when you write up your complaint you will be able to refer to specific obligations in the agency agreement which the agents have failed to perform.

Previous Post
Next Post

Filed Under: Clinic Tagged With: Agents

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy