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Defective premises act 1972


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Can any body please advise me about the defective premises act 1972 ? If my managing agent has been allegadly negligent whilst managing my property and a tenant gets hurt who has ultimate responsiblity ?

I am well aware that the tenant is trying it on, but my managing agents insurance's does not cover the cost of defending this claim, - can any body confirm if the responsibility of defending would lie with my own landlords insurance for the property ?

Any advice would be greatly appreciated.

Many thanx - regards - Raj

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Hi Raj

There are, IMHO, two potential claims here.

The first would be the tenant making a claim against you on, presumably, a no-win no-fee basis. Your household insurance may have a legal expenses side to it that you can claim on if this happens. The tenant must claim against you, since you are the other party to the contract (tenancy agreement) the agent being "invisible" in the contract.

Then there is, if the tenant succeeds in his claim against you, your claim against your agent. I would expect the agent to have Professional Indemnity Insurance to cover that possibility.

Good agents should have Professional Indemnity Insurance and Client Money Protection to cover their clients. NALS licenced members have to have both AND prove ANNUALLY that all client monies are held in separate client accounts.

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