Q&As

Is a letting agent bound to pass details of a settlement reached with a tenant to its landlord principal, in respect of the tenant’s claim for compensation/return of the deposit under section 214 of the Housing Act 2004?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 24/06/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is a letting agent bound to pass details of a settlement reached with a tenant to its landlord principal, in respect of the tenant’s claim for compensation/return of the deposit under section 214 of the Housing Act 2004?

Is a letting agent bound to pass details of a settlement reached with a tenant to its landlord principal, in respect of the tenant’s claim for compensation/return of the deposit under section 214 of the Housing Act 2004?

An agent is a person who has authority, whether express or implied, to enter into agreements or legal relations on behalf of their principal. The key to agency is the actual or ostensible authority to enter into such legal relations and if a person does not in fact have such authority, they are not an agent. Therefore, for example, estate agents are ordinarily not true agents, as they have no such authority to bind their principal without express authorisation to do so.

It is unclear in this scenario what status the letting agent has and whether they are truly an agent. It is also unclear whether the claim under section 214 of the Housing Act 2004 (HA 2004), which entitles a tenant to

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