Tenant dispute

Trebor01

Hi, I have recently had a dispute with my tenant after the check out process has been completed. My tenant was unhappy with my position even though photos quite clearly show damage etc which I am now seeking compensation for via the TDS. Sadly this is not the first time this has happened, but as the person in question is very wealthy and her ex husband seems to have influence in high places, I have now been left in a very awkward position.

The agent that was acting on my behalf had re advertised my house for rent and found me a new tenant. They were due to move in at the end of this month, but following discussions they have had with my ex tenant, have decided not to act for me anymore and advised the new tenant and they have decided to look elsewhere.

My concern is that the agent has never spoken to me about this position at all, and based an opinion purely on hearsay. As I manage the property they should not be involved at all, and have purely taken a stance based on one side of an argument, that I was allowing the TDS to resolve, based purely on the facts.

As a result I have now not only lost the agent but my new tenant, and even have post for that new tenant as they had signed there side of the contract, although I had not yet signed.

Can anybody offer any advise here as I can't believe this is either fair or in part legal.

Any help would be much appreciated.

Jowo_2

Did you have a signed inventory/schedule of condition for the tenant who disputes the deductions?

BitterAndTwisted

Your photos show the damage but do you have any proof that the property was undamaged at the start of this tenancy?

princeofpounds

I doubt there is much you can do unless the ex-tenant said something libellous or slanderous and you can prove it.

sequence

How have you lost the new tenant if they've signed the contract ?

dancingfairy

What have the agents said? have they put anything in writing? Unless they have specifially said that as result of talking to the previous tenant they have come to the decision as the above poster said then I can't see what you are going to do about it.
What sort of agreement did you have with them? presumably either side - you or them can give notice at either time to terminate the arrangement subject to the terms of the contract. You can try talking to them but it's going to make you look petty and frankly if they believe the first thing that anybodys says to them do you want to work with them?
df

Trebor01

I have photos of all of the damage yes, and even a clause in the tenancy agreement that states what items she would be leaving behind as we shared the purchase cost for some things she agreed to leave.

The new tenant had completed, and as the agent completes on my behalf and I had been advised of this, I believe this constitutes a contract. He re-directed his post to my house in the belief he was moving in.

The agent has said that as the tenant has come into the shop to complain they have dropped my business, which I can't argue with if they don't want to work with me but, having already established a new contract, and now dropping me, means I have lost a potential source of income, my only source of income and they have broken our contract.

I have raised this via their internal complaints procedures, and will then pursue with the ombudsman and inform ARLA. In the mean time I have re advertised the property and can only hope it gets taken by a good tenant this time.

Has anyone ever had this kind of experience before

Jowo_2

Trebor01 wrote: »

I have photos of all of the damage yes, and even a clause in the tenancy agreement that states what items she would be leaving behind as we shared the purchase cost for some things she agreed to leave.

Is this your way of saying that you didn't have a dual signed inventory and schedule of condition? This document is key to protect you in the event of this type of dispute over deductions, therefore you have limited evidence to support your claim.

You may have photos taken after check out but if you do not have an inventory/schedule of condition signed at the outset, your case is very weak as you simply have no authorised baseline of the condition of the property at check in, therefore no proof that the tenant was responsible for any change in condition.

Did your new tenant pay a deposit or holding fee?

G_M

I've had trouble understanding this.

Trebor01 wrote: »

Hi, I have recently had a dispute with my tenant after the check out process has been completed. My tenant was unhappy with my position even though photos quite clearly show damage etc which I am now seeking compensation for via the TDS. As others have said, photos at check-out alone prove nothing. Where is the base-line check-in evidence? Sadly this is not the first time this has happened, You mean with this tenant? Or previous tenants? but as the person in question is very wealthy and her ex husband seems to have influence in high places, I have now been left in a very awkward position. Awkward in what way? Either you can prove damage or you can't. Tenant's wealth/influence is irrelevant.

The agent that was acting on my behalf had re advertised my house for rent and found me a new tenant. They were due to move in at the end of this month,So they signed a contract? So sue them. but following discussions they have had with my ex tenant, have decided not to act for me anymore and advised the new tenant and they have decided to look elsewhere. contract? So sue them.

My concern is that the agent has never spoken to me about this position at all, and based an opinion purely on hearsay. Personally I wouldn't want such an agent acting for me! You are well shot!As I manage the property they should not be involved at all, and have purely taken a stance based on one side of an argument, that I was allowing the TDS to resolve, based purely on the facts. If you manage the property (I assume you use the agent for tenant-find only?) then why is the agent involved at all in the TFS dispute?

As a result I have now not only lost the agent but my new tenant, and even have post for that new tenant as they had signed there side of the contract, although I had not yet signed. Ah! Well, sign it quick, post back to the new tenant (Not the agent obviously) and request the 1st month's rent!

Can anybody offer any advise here as I can't believe this is either fair or in part legal.

Any help would be much appreciated.

Clarify the above and take on board the comments.

mustrum_ridcully

Jowo wrote: »

Is this your way of saying that you didn't have a dual signed inventory and schedule of condition? This document is key to protect you in the event of this type of dispute over deductions, therefore you have limited evidence to support your claim.

I suspect it is. Why go to the trouble of typing several dozen words when a simple "yes" on it's own would suffice?

Trebor01

Yes I have a signed tenancy agreement and inventory with photos before and after the tenancy, all date stamped, and within the tenancy a clear paragraph stating what she will leave behind that we jointly purchased.