Tennant moved out...place is a tip

nordberg

Can someone please advise me...

I have had a tennant in property of mine for around 9 months. She vacated at the start of September and left the place a tip. No cleaning and some minor damage (the place was like a show home when she moved in).

I let the place via an estate agent who are holding her deposit. She has been back into the property and supposedly cleaned up but it's still a tip. Their final inspection report details most (not all) of the problems but they are not being particularly forthcoming with where we go from here. They have made reference to the Tenancy Deposit Scheme but I still don't know where I stand. Also, I need to get the next tennant in ASAP and at the moment the place is a tip.

TIA

maninthestreet

Did you take pictures of the property before they moved, and after they movev out, as well as it's state now since they have been back to try to clean up?

Trollfever

they are not being particularly forthcoming with where we go from here.

What does your contract with the letting agent say about their responsibilities?

nordberg

I have been in touch with agent this morning and their response:

I will now contact Ms XXXX. You both have to be in agreement about the condition of the property and you have to agree to the sum awarded to you for any works required. If you both do not agree I then have to rasie a dispute and send the deposit to the Tenancy Deposit Scheme who will then deal with the dispute and contact you both before deciding who to award the money to. From past experience this can go either way and I have no control over the outcome.

I do have photos of the house at the moment and, to be fair, the agent knows the house and they know it was in pristine condition when she moved in.

chucknorris

nordberg wrote: »

I have been in touch with agent this morning and their response:



I do have photos of the house at the moment and, to be fair, the agent knows the house and they know it was in pristine condition when she moved in.

But was it recorded as being in 'pristine condition' in the inventory (the point is you need proof)

Bufger

nordberg wrote: »

I have been in touch with agent this morning and their response:



I do have photos of the house at the moment and, to be fair, the agent knows the house and they know it was in pristine condition when she moved in.

With more experience you'll learn half of it is about collecting evidence, even if the tennants you have end up being perfect you will still need to do that work up front to ensure your property stays in the condition thats acceptable to you. Its all about covering your backside.

For next time: Photos before the tennant moves in. Signed agreement regarding the expected condition of the property. Signed inventory. Explanation of the processes in place to help you and them (tennants often dont realise the processes the LL can go through to recover losses but you should always mention the processes that help them in a greivance procedure too as it gives them that bit of comfort).

All optional of course but its in your best interest.

Without proof of the condition before the tennant moved in you will have little chance of recovering the money needed for a cleaning service. The best you can hope for is any wording in the contract regarding cleanliness or the property and damages if it is anything more than wear and tear.

Good Luck and a lesson learnt. Should be better for next time :-)

mlz1413

You have photos of the place when she left it, ensure you have photos from after her 'clean up' and then you get the work done that is needed and re-rent.

You / your LA need to dispute the return of the deposit ASAP and give a £x for the cleaning and repairs needed / done, this can be more than the deposit but obviously the TDS only holds the deposit so can not refund more than this.

Are you employing cleaners and tradesmen to do the work needed? If so that is the cost you can claim. If doing yourself you will need to keep receipts for everything you buy and records of your time.

As others have said it is all about proof when you have a dispute.

And quite frankly if your LA is on a fully managed contract and has not given you the advise you are getting on here then I would look at moving agent.

SouthCoast

If you both do not agree I then have to rasie a dispute and send the deposit to the Tenancy Deposit Scheme

Does this mean that the deposit has not actually been protected in the TDS?

nordberg

SouthCoast wrote: »

Does this mean that the deposit has not actually been protected in the TDS?

I guess. That's how I understood it to work anyway? The agent holds the deposit until the tennant vacates...

UPDATE: The agent is arranging an estimate for cleaning and I am providing costs of the breakages. We'll see how things progress from here...

bitsandpieces

nordberg wrote: »

I guess. That's how I understood it to work anyway? The agent holds the deposit until the tennant vacates...

The deposit should have been protected already, unless you fall under some obscure exclusion.

missile

I guess you must be new LL? IMHO, this is par for the course. Welcome to the real world.