Tenant on Housing Benefit

Sally_A

Hi SkintSue, first post of mine on your thread, wow! what a nightmare. You may have been a naive newbie landlord a year ago, but I reckon you've fastracked through the Landlord Uni.

I take it you will still be very much out of pocket, and am only putting my 5 eggs in as I can't see anyone has mentioned pursuing your out of pocket expenses etc through the LA's Professional Indemnity Insurance, even without this insurance they could still be legally liable as so many documents were unchecked, bodged etc. You have paperwork to back up their incompetence, keep a note of all costs involved - definitely worth a try, and I would send copies to the immediate office, their head office and possibly their trade association.

If you have legal cover on the insurance policy, give their helpline a call - it would be so ironic if the policy they recommended to you was their downfall.

I used to let to HB, my policy (Vasek) covered Malicious Damage by tenants, but I don't think the damage would be classed as malicious (but worth an ask), she just didn't know how to live in civilisation, and a dirt floored cave may have been the better option.

Re the new couple that are interested, see them, and if they are keen and seem legit, ask in front of the LA if you want, that you are happy with them but request that they change LA's due to your bad experience of previous tenant checks, and you would like a second independent check.

skintsue

Hi everyone
I've been back to the house today and found more damage that wasn't picked up yesterday.
Two of the window locks have been forced up so they are loose from the frames. They still lock safely, but for how long, and how hard were they wrenched to do that kind of damage.

Another bedroom door had been damaged. It wasn't noticable yesterday because we didn't try to open and shut it. The inside panel has been lifted off the frame from the bottom at the hinge side and appears to be damaged so it can't fit flush.
The bathroom sink has something jammed down the plughole because, after 2 hours without the plug in, the water poured down to clean it this morning was left in it still half full.
With the toddlers in nappies, and judging by the state of the rest of the house, I hate to think what might be down the toilets waiting to back up.

I do appreciate evryone's concern, I promise I have done my last bit as far as the LA are concerned, no more feelings of revenge etc. and I will be getting on with my life from next week.

I have said my piece, got my point of view across, fairly but assertively, and the ball is now totally in their court.

They have the option of saying sorry, and making things right so I am not out of pocket.
I would expect to have the management fees returned, at least, including the VAT they charged, the other fees - references etc, to be compensated for the two months lost rental, and the 2 still owing because the tenant did a runner. They can claim the money back off the tenant and/or guarantor, and pay the Court costs themselves. They can either pay for the work needed on the house to get it back how it was, or agree to pay the insurance excess, if the Insurers, agree to pay any of it.
I would like something to compensate for the stress,anguish and sleepless nights this has been giving me, but that's not something I would expect.
Or they could choose Option B - they get in trouble from their Franchise HQ, their regulatory body, and anyone else who has an interest as a Tenant, or a Landlord.

Sorry, have to go. Further update on my return!

BitterAndTwisted

Please note in writing the further damage that you have discovered an have an impartial witness with you if you want to add this to the extensive list.

The very next thing you must do is to get at least three contractors in to give you detailed quotes for every single thing that needs to be done. Doesn't matter whether you choose to instruct them or not. Please do this without delay. You do not want anyone either agent, guarantor or tenant claiming that they have occurred since the check-out inventory was done.

My own feeling is that you should expect the agent to give you an apology but you really must pursue the tenant and guarantor for the costs. In my opinion expecting the agent to pay anything to you other than refund their fees and commissions which you have paid them is a fantasy.

Sally_A

Whilst I agree you've posted a lot of help B&T.....focussing the hapless LA on their duty of care, especially as they are taking commision for their services which includes vetting the tenant, so there is a money exchanging contract in force, it would not hurt to fire a few warning shots at them saying you are coming at them for financial loss should all other avenues come to nothing. Do read their sales spiel and T&C's, if they say they are offering a service by checking out a prospective tenant so that you don't end up in the do do - have 'em, they got you into it ears deep.

skintsue

The guy who came round today to check over the house, take photos and look at all the damage was very nice indeed.
Impartial in the main, but supportive and knew his stuff. He ended up staying for a couple of hours discussing all sorts of things - travel, photography (2 of my hobbies), the state of the nation (?), how situations can be sorted etc.
Nice to chat to someone who gave a new insight on my problem.

The LA could be dropped on by their Franchise Bosses for bringing their brand into disrepute. They could be reprimanded by their Governing Body for not following their Code of Conduct, and or dropped. They could be fined for breaches of procedural something or other. There is at least one other regulatory body that was mentioned, but my head is still spinning, and I couldn't take it in.
Basically if they don't sort it out quickly, they could be in a lot of bother.
It just depends on how the manager wants to play it - having a strop and being pigheaded, or realising there have been some "unfortunate errors in their usual standards" and offer to get them sorted.

I've left a message with the Inventory Lady about the other damage I didn't spot yesterday. It might already be on her list, but we went into the rooms after her and the LA Manager so there was no chance of being accused of doing the damage before they got in.

I've already got one builder coming round to check the place over and price up all the repairs. I'll get another one at least to compare. The LA have got a person they use in cases like this to clean the carpets - must happen a lot then to their LL's rentals.

I will also be checking with the LL Insurance company to find out what we need to do. At the moment we are maily concerned about making the place secure.

Next door has been trying to sell his house for ages, with her making the place look sordid so, now that she has gone, hubby has spent the afternoon clearing the front garden of weeds, cig ends, assorted snack wrappers. At least it will make the area look a bit more cared for, and not put potential viewers off by wondering what they would be moving next door to.

It would be very nice if the LA did refund their fees etc, it would be even better if they paid the costs to take the tenant and g'tor to Court to recover the rent etc.
Brilliant if they offered to pay the rents, and tried to recover the rent from the T and G (or should that be G&T - I've got booze on my brain).
I just feel very disappointed that we have been suckered by a combination of a very crafty woman, and a LA who didn't take the required precautions to protect us and our property.

skintsue

Wow - just looked. Nearly 14,000 views.
Isn't there anything good on TV?

skintsue

skintsue wrote: »

Part 3 of "The Plan". Starts tomorrow at around lunchtime. Continues possibly Sunday.
Sorry, I'm not trying to be mean and leave you on the edge, but I'm totally shattered after today, and I have to look my best for tomorrow.;)

Sorry about keeping things back. Part 1 of Part 3 of "The Plan" was completed this afternoon.:) Part 2 of Part 3 of "The Plan" will be in action on Wednesday morning.:o

I doubt there will be a part 3 of Part 3. Or any more Parts to any more Plans. :j

skintsue

Sally_A wrote: »

so that you don't end up in the do do - have 'em, they got you into it ears deep.

Oh, so you have already seen the pictures of the carpets and toilets then?:D
I didn't realise my husband had already downloaded them.;)

BitterAndTwisted

skintsue wrote: »

The guy who came round today to check over the house, take photos and look at all the damage was very nice indeed.
Impartial in the main, but supportive and knew his stuff. He ended up staying for a couple of hours discussing all sorts of things - travel, photography (2 of my hobbies), the state of the nation (?), how situations can be sorted etc.
Nice to chat to someone who gave a new insight on my problem.

Who was this guy and who paid him to come round?


I've already got one builder coming round to check the place over and price up all the repairs. I'll get another one at least to compare.

Sue, the three detailed quotes you need are not for you to do any comparing. They are your documentary evidence of the reasonable and hustifiable cost of putting right the damage done by this filthy and negligent pig. Having one or two I suspect will not suffice in court. Which is where you will be going.

skintsue

Who was this guy and who paid him to come round?

The newspaper that is printing the article.
OOPS - I've spoilt the surprise:o