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Tenants wrecked house, no schedule of condition

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Comments

  • Loretta
    Loretta Posts: 1,101 Forumite
    I would speak to your letting agent who is managing it to, what have they been doing? did they really not arrange a check in report?
    Loretta
  • Gold?? Description of what they pay themselves with perhaps ..
  • Benji
    Benji Posts: 640 Forumite
    Do you have receipts for work you had done just before the tenant moved in? If so, and any of these items are affected by this damage, you may be able to claim on those items. Likewise, if carpets were new before move-in, then you can prove that with receipts dated not-too-long before check-in.

    I know some posters are taking the mickey out of the agency, but if you elected not to have (and pay for) an inventory then that really is your problem, not theirs.
    Life should be a little nuts; otherwise it's just a bunch of Thursdays strung together.
  • missile
    missile Posts: 11,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As you have discovered there are risks to being a LL. It can be difficult to vet tenants and even with an inventory it may be impossible to recover the cost of repairs from a tenant with no income / assets. I would suggest if you cannot afford the risk, you should cut your losses and sell the property. Any property will sell if the price is right.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    =debtfreewannabe321;47233513]....., I didn't buy my house to be a landlord. Unfortunately i've been unable to sell it so had to get tenants in to cover my mortgage. I have a management agency look after it
    Whether you set out to be a landlord or decided later on to become one is irrelevant. You became a landlord. That carries a large number of legal responsibilities, and, as you are finding out, many common sense ones too.

    Lots of info is available on how, as a landlord, you can comply with the law, protect yourself, and get an income stream. Start here for the future.

    Ok - now for your problem.

    You may be able to claim off the deposit provided you can convince the deposit scheme (or judge if you take them to a Small Claims Court) that they caused damage.

    A check-in inventory, with photos, is obviously powerful evidence, and the best protection. But failing this:
    * the previous tenant's check-out report (esp if the gap was minimal between tenants)
    * witness statements (the agents? contractors? cleaning company?
    * photos (did you take any?)
    * letters/emails/text from the tenants, eg asking for repairs (which might imply the condition of things they are NOT asking for repair was good)
    * routine inspection reports during the tenancy
    * witness statements by contractors/others who visited/did work at the property during the tenancy

    The more evidence you offer, the more likely you are to be believed.

    Option 2
    You paid got a Letting Agent's GOLD service?
    Have you recently read their description of this service? And the contract your igned with them? And their T & Cs?

    If not I suggest you do!

    As a landlord I would expect a gold service to include a check-in inventory as a matter of routine, but then I can't see your contract from here! You may well have a case against the letting agent either for breach of contract, or failing that possibly professional negligence.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    G_M wrote: »

    Option 2
    You paid got a Letting Agent's GOLD service?
    Have you recently read their description of this service? And the contract your igned with them? And their T & Cs?

    If not I suggest you do!

    As a landlord I would expect a gold service to include a check-in inventory as a matter of routine, but then I can't see your contract from here! You may well have a case against the letting agent either for breach of contract, or failing that possibly professional negligence.


    I would expect it to include video footage inventory.

    Only the bronze package would rely on something as old fashioned as just a printed list?
  • nrsql
    nrsql Posts: 1,919 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You don't actually need a managed service even if you are not in the area. Just the phone numbers of some people to call. Tenants usually don't have many problems and those are usually just after they move in. Make sure you can be contacted and have a handyman who you can call to go round at short notice - you will need an electrician, plumber, gasman also a painter/decorator for less urgent things - usually between tenancies.

    You can then just use an agent to get tenants and maybe collect rent (so you don't bear all the loss if the tenant stops paying?).

    I have a couple of properties that i don't see for a number of years but rely on tenants to tell me when things need doing. Also keeps the tenants happy as I think they get a better service than having to contact the agent. Also I've had agents quote ridiculously high amounts for fixing things.
  • Mallotum_X
    Mallotum_X Posts: 2,591 Forumite
    Part of the Furniture Combo Breaker
    Dont faff about with the deposit scheme for getting your money, go down the small claims court route. You have a much better chance of getting a sensible outcome from court than the desposit scheme.

    And play hell with your mgt company, did they find and vet the tenants? you should be asking what on earth they are doing for their manangement fee if they let the place get trashed.
  • If the tenants were only there for 6 months, I don't see how the LA could have fitted in an inspection any sooner TBH.
    :A

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