Property I let has been sub-let and I'm upset!

Scooby_Man

A property I own in London I let out to 4 polish guys last year and their tenancy expires in a few weeks and then they leave. However, I have noted that they have sub-let throughout the year to probably over 9 people at a time!! every room has been turned into a bedroom and it seems more like a small hotel. The person who could speak english is never around and its been like talking to the wall. The agent who found them does not care a damn (they got their 10%) and now these tenants (or the main guy) will ask for his deposit back, despite taking the p155!

I feel a bit stuck because I'm not quite sure how to relay the fact that I will be withholding their deposit as charge for the extra people living there, the wear and tear and general shambles of the place (e.g. constantly moving beds around has chipped paint and made the stairs very creaky). BTW, they added locks to every room to make it hotel-style.

And the important thing is this is the house I am moving into when they leave! The wear and tear in this house is clearly above normal so I am planning recarpetting, painting the entire house.

My worry is that some of the guys that have lived there are some pretty scary dudes - tattoo-up skin heads built like tanks!

I will be moving in with my wife and little son so dont want to take any risks!

I guess the only thing I can do is just give back their deposit and just take the sting although not really a money saving thing to do...so ouch! But i dont want to be saying ouch in another way!

Any advice??

Guy_Montag

BTL isn't a risk free business. You live, you learn.

Scooby_Man

Guy_Montag wrote:

BTL isn't a risk free business. You live, you learn.

I know - i have been doing if for many years. This one has gotten to me because its the house that I want to move in to. If I was re-letting this particular property i wouldnt care so much.

Also in the past if tenants have screwed up I have deducted from their deposit. In this case the wear and tear is so beyond a one-year 4 people let that the entire house needs to be done up. But how do i explain that to them?!

The bottom line is that I am extremely wound up because its like having to pay to prevent repercussions to your family...I'm not one to usually walk away from these things but then i'd be an idiot to start arguing with a bunch of nutters asking for their money back!

Alan_M_2

You paid an agent who let to Poles?

Did that not strike you as odd to start with?

My advice, return the money and learn from the experience. Whilst morally you are probably right to withhold money, the fact that you are moving into the place with your young family would suggest it be sensible to return the money and strike it up to experience.

I would be taking the issue up with the agent though.

david29dpo

i think the above is good advice. i too would not like to give them a penny of there deposit back because of what they have done, but piece of mind maybe worth more than the deposit. how much are we talking about here?

r.mac_2

Alan_M wrote:

You paid an agent who let to Poles?

Did that not strike you as odd to start with?

quote]

I'm not sure that I am comfortable with this quote - I have several polish couples renting flats within my building and they are very good neighbours - much better than many british neighbours i have had to deal with. I don't think that country of origin has anything to do with whether someone is a good or bad tennant.

My advice would be to stick to your guns. If there is cause not to return the deposit then don't - there is no reason for them to have your personal home details if you used an agent.

Jamz

I would at least keep the money from the deposit to replace the doors that have been vandalised by placing locks on them.

Kaminari_2

You can't withhold the deposit because of the extra people. However you can withhold the deposit to fund returning the property to the original condition less FAIR wear and tear.

As soon as they are out i would photograph all damage. List all the projects that need to be done ie
Room 1, south wall needs replastering and painting.
Room 2, west and north wall need repainting.
Room 3, Skirting needs replacing.
Room 1, 3, 4 doors need replacing.
Room 4, Vinyl damaged and needs replacing.

Get three quotes for each of the jobs (One person should be able to give you a quote for all the jobs, just make sure the jobs are broken down on the quote).

If you list everything and get quotes you will be able to cover yourself and justify why they won't be getting their deposit back.

I would also fire your EA.

They are not to know that you are moving into the house, as far as they may know you are just the next tenant. Make sure you change the locks.

AMILLIONDOLLARS

Are you sure they are going to give up the house willingly?, I have heard that in some cases they become squatters. Before you go handing over any money, you need assurances, maybe have a time lag after they have moved on to refund anything at all.

AMD

wifeforlife

I would keep the deposit and let the letting agent who is employed on your behalf to explain to the tenants

I hope it all gets sorted out quickly and safely, also dont go see them on your own, you need witnesses

Cath

Scooby_Man

Thanks for the replies.

The situation is that the main guy knows I am moving in because he wanted to extend the let and I told him that I can't do that as I will be moving in - they know me by face. It's therefore a no brainer about where they can find me!

The EA was only involved in finding these tenants.

One particular piece of damage is that a step on the staircase has collapsed. They have fixed this in the most shoddiest of ways and one of the interpreters had told me that the stairs were loose when they moved in and they do not think its their fault. So from that I imagine they would not be accepting any liability here - they want their deposit full and fair.

Language barrier is a huge problem here and like I said before, they do not seem the negotiaging type!

Legally the EA cant be held to anything can they? If I claim under insurance for the damage after return the deposit, then the insurance co will just ask why i returned the deposit.

All ends seem dead...gonna have to return the £1900 deposit.