landlord renting advice

frankie1star

I am afraid I have made some errors renting out my property. I rented through one agent to a lady with 2 children, she omitted to inform me she was pregnant, but that may have been irrelevant. The agency had all the necessary checks carried out including the inventory, to which we both signed.

Sometime into the tenancy she requested that the tenancy be extended from November 2011 to November 2012, which I agreed to. Further request was to allow her daughter to have dog stay, as she was having to travel to Essex and was finding it very unsettling. After much consideration, I agreed but expressed my concern for the carpets and lawn, she assured me the dog would not be allowed upstairs.

Last month her partner (not the tenant) contacted me to ask if I would allow my tenant to leave, as she had been a good tenant and I could fully understand their needs I kindly agreed, however he said they would stay until I found a new tenant, I asked him if he could find someone. I instructed a new agent, who duly found a tenant, but there was an apparent need for it all to happen quickly, so I instructed new agent to liaise with my tenant. Unfortunately, he did not advise me I needed to bring the tenancy to an official end with a departing inventory check.

I visited the property and was dismayed to find the house in a bit of a mess, it smelt doggy and there were various stains on the carpets, together with the house not being cleaned thoroughly, and some decoration needing to take place through damage and wear and tear etc. She had changed a light switch, and put picture hooks up, in breach of the lease. The oven had not been professionally cleaned and was dirty, the cupboards were grubby, personal belongings left etc etc. Basically they left in a hurry.

She sent me a text to say she had vacated the property, and I replied saying I wasnt sure what was happening with the new tenant, as I had been away, and I hadnt had confirmation etc. It was weekend so was unable to confirm either way. In her text she asked me to contact her partner to finalise everything, but didnt leave a contact No. for him or a forwarding address, so I decided not to reply, until I had all the bills in.

Anyway new agent instructed cleaners and decorators before new tenants arrived. Although, I had asked him to take photographic evidence he didnt!

My neighbours kindly, looked over the property for me, and could be witnesses if necessary, but there isnt any photographic evidence to back this up.

My problem is, that I need to pass on the cost of finding a new tenant £670 to her, charge her for the cleaning (which her partner has agreed to) and portion of making good of the decorating bill.

He refuses to pay the finders fee for new tenant and the cost of any making good.

I have remonstrated with him saying if she had continued with the tenancy it would have 4 x £895, and the finders fee is a paltry amount. Also Saying that passing on a small proportion of the making good wasnt unreasonable.

I have also been advised to stop dealing with him, as he wasnt my tenant.

Looking through this forum, it seems I needed to carry out certain things in a timely manner and I havent done this, please can anyone advise me where I stand on this issue. The deposit is held in DPS, and she paid her rent on 22nd June to carry her through til 22 July, although she vacated the property on 1st July requiring a refund, but I need to take into account my costs:- £100 making good, £200 cleaning and £670 finders fee.

This is the first time I have rented a property to someone, been on the end of rentals with daughters at uni, and have been screwed over so many times by landlords and agents. I dont think I am being unreasonable with these charges.

may_fair

frankie1star wrote: »

Sometime into the tenancy she requested that the tenancy be extended from November 2011 to November 2012, which I agreed to.

Was this renewal signed?

I instructed a new agent, who duly found a tenant, but there was an apparent need for it all to happen quickly, so I instructed new agent to liaise with my tenant. Unfortunately, he did not advise me I needed to bring the tenancy to an official end with a departing inventory check.

What about the old agent? Was he instructed to manage the tenancy and was he told that you'd agreed to an early surrender?

Anyway new agent instructed cleaners and decorators before new tenants arrived. Although, I had asked him to take photographic evidence he didnt!

Did you make this request in writing? What date did the cleaners/decorators go in? Would they be prepared to provide witness statements as to condition of the property?

My problem is, that I need to pass on the cost of finding a new tenant £670 to her, charge her for the cleaning (which her partner has agreed to) and portion of making good of the decorating bill.

He refuses to pay the finders fee for new tenant and the cost of any making good.

I have remonstrated with him saying if she had continued with the tenancy it would have 4 x £895, and the finders fee is a paltry amount. Also Saying that passing on a small proportion of the making good wasnt unreasonable.

I have also been advised to stop dealing with him, as he wasnt my tenant.

What was actually agreed betwee you and T as a condition of you agreeing an early surrender, and is there anything in writing confirming what was agreed?

The deposit is held in DPS, and she paid her rent on 22nd June to carry her through til 22 July, although she vacated the property on 1st July requiring a refund, but I need to take into account my costs:- £100 making good, £200 cleaning and £670 finders fee.

Whatever you do, DO NOT settle the dispute via DPS adjudication - ADR is highly unlikely to accept 'alternative' evidence (as opposed to a check-out conducted by an independent clerk). Bring a claim in the county court if T refuses to agree deductions.

sonastin

The charges in themselves aren't unreasonable but without a) the necessary proof and b) following correct legal procedure, you'll struggle to legally enforce them. There are 2 things I can think of in your situation:

1 - don't pay anything more back -no refunds, no deposit return. Make the tenant work to get what she is legally entitled to. If she knows she is morally in the wrong, she might not follow due process and let you hold onto the deposit. If she chooses to dispute any deposit deductions, you'll probably lose so you might as well hand it over then, but at least you tried.

and most importantly:

2 - take this as an expensive learning exercise. There is a lot of law around designed to protect tenants. Some of it also protects Landlords. If you enter into the business of being a landlord, you should familiarise yourself with the laws surrounding your new business venture. Join a landlords association. Buy (or borrow from the library) some books on being a landlord. Make sure you don't make the same mistakes again next time. And remember that it is your property, your tenant, your business, your responsibility - the LA works for you but if he gets it wrong, its your neck on the block. You need to understand what it is that he's doing on your behalf.

frankie1star

Oh yes, definitely a learning curve.

I have received a further email from her partner demanding to know what charges were for, given that I didnt witness it before the decorator went in, oh I got that wrong the decorator went in the day after they left, the cleaners went in 2 working days later. Although, they dont dispute the cleaning so I am safe for £200, where I am on sticky ground is the charging on for making good £100 and the finders fee £670.

frankie1star

I am happy to pay back what is due about £1000 approx, so should I just wait for the next stage, I dont have a forwarding address for tenant just partners email, and her mobile. Its right though that I should stop having contact with him?

may_fair

Please could you answer all the questions I asked in post #2.

frankie1star

may_fair wrote: »

Please could you answer all the questions I asked in post #2.

sorry I had replied, but dont know where it has gone, i will again

frankie1star

Dear Mayfair

answers:-

may_fair wrote: »

Was this renewal signed?

this was done by text from tenant to me, and I replied saying yes in principle
What about the old agent? Was he instructed to manage the tenancy and was he told that you'd agreed to an early surrender?

I only paid agent finders fee, and was changing agent anyway, so didnt occur to me to inform them

Did you make this request in writing? What date did the cleaners/decorators go in? Would they be prepared to provide witness statements as to condition of the property?
the decorators went in the day afterwards and cleaners 2 working days, I think they would provide witness statements, although they were instructed by new agents


What was actually agreed betwee you and T as a condition of you agreeing an early surrender, and is there anything in writing confirming what was agreed? We had a verbal conversation, where I agreed to his request (partner), but asked him if he could find someone else, it didnt occur to me to mention the costs I would incur

I know call me very naiive, and I need to toughen up, its a shame I was a nice landlord really

angrypirate

frankie1star wrote: »

Dear Mayfair

answers:-

may_fair wrote: »

Was this renewal signed?

this was done by text from tenant to me, and I replied saying yes in principle
What about the old agent? Was he instructed to manage the tenancy and was he told that you'd agreed to an early surrender?

I only paid agent finders fee, and was changing agent anyway, so didnt occur to me to inform them

Did you make this request in writing? What date did the cleaners/decorators go in? Would they be prepared to provide witness statements as to condition of the property?
the decorators went in the day afterwards and cleaners 2 working days, I think they would provide witness statements, although they were instructed by new agents


What was actually agreed betwee you and T as a condition of you agreeing an early surrender, and is there anything in writing confirming what was agreed? We had a verbal conversation, where I agreed to his request (partner), but asked him if he could find someone else, it didnt occur to me to mention the costs I would incur

I know call me very naiive, and I need to toughen up, its a shame I was a nice landlord really

If it isnt written down and done on paper then it doesnt count. Deposit disputes will find in tenants favour on finders fee as they were only on rolling contract as you didnt sign a new contract. I suggest you spend a few hours, do a bit of reading and learn about letting property out. Either that or sell up.

frankie1star

Angrypirate, must also translate into your replies, you have a lovely turn of phrase, or maybe should call you Atilla the Hun, I made a mistake, I have been a nice landlord, thanks for taking the time to reply

may_fair

frankie1star wrote: »

Did you make this request in writing? What date did the cleaners/decorators go in? Would they be prepared to provide witness statements as to condition of the property?
the decorators went in the day afterwards and cleaners 2 working days, I think they would provide witness statements, although they were instructed by new agents

The tenancy arguably ended on the day the decorators went in because it shows that you accepted the T's offer to surrender - it is an act inconsistent with the tenancy continuing and thus there would be a surrender by operation of law.

What was actually agreed betwee you and T as a condition of you agreeing an early surrender, and is there anything in writing confirming what was agreed? We had a verbal conversation, where I agreed to his request (partner), but asked him if he could find someone else, it didnt occur to me to mention the costs I would incur

Big mistake. If you'd done precisely nothing, the T would have remained liable for rent up to the end of the fixed term in November. Therefore you were in a very strong bargaining position - you could have demanded, for example, a cash payment, plus reletting costs etc as a condition of agreeing to an early surrender (formally, by parties signing a Deed of Surrender).

However, the rent paid in advance by T on 22nd June for the period 22nd June - 21st July is not refundable, and she is not entitled to a pro-rata refund for the period 2nd July - 21st July. (Where rent is paid in advance for a particular period it is deemed to be applicable for any part of that period so that if the tenancy comes to an end during the period no refund is due). In short, do NOT refund the rent paid in advance and do NOT factor this in to your calculations in respect of deposit deductions.

As I said before, ADR is unlikely to accept non-standard evidence such as witness statements by the cleaners/decorators as to condition at end of tenancy, and you should opt out of the deposit scheme adjudication and settle this matter in the county court. If you opt out, the deposit will remain safe in the deposit scheme pending the court judgment; whereas if you lose an ADR claim, they will pay the money to the T and, whilst you could subsequently bring a county court claim against the T, if you won you'd then also have to chase them for the money/enforce the judgment.