Items Disposed of By Cleaner Contracted to Landlord/Letting Agency

AdamJ31

Five friends of mine are renting a property (in Cardiff) from a private landlord represented by a large letting agency. Last September, twelve months from the start of the tenancy and ten months from its likely end, there were some building works carried out which left behind some plaster dust and other muck that the tenants asked to be cleaned away. The complaint about the mess was made to the letting agent, and the agency’s contracted cleaner was sent to clean up.


For one reason or another, the cleaner went along thinking that the property had been vacated and that the house needed to be prepared for letting to new tenants, and removed nearly all possessions left in the common areas (kitchen, lounge, downstairs corridor, upstairs hallway, downstairs toilet, upstairs shower room) which did not appear on the inventory apart from some cutlery and crockery.


When they attempted to recover the items by contacting the letting agent two days later, they were informed that all the items had been disposed of. When asked for itemised compensation of £575, the letting agency demanded proof of every item having been there despite all remaining receipts having been removed by the cleaner.



There was virtually no wastage/depreciation on the items as the bulk was comprised of food and toiletries which were newly bought, the tenancy having recently restarted after two months on half-rent for the summer. Some other items (like a miniature vacuum cleaner, a Vauxhall wheel trim, small pieces of kitchen equipment and a Christmas tree stand) have been requested for refund at the lowest possible cost at which they could be replaced.


Would anybody please be able to offer advice as to what remedies there are, as the tenants naturally do not have any proof to produce. I am already aware that had the tenancy ended (as the cleaner thought) the items would have needed retaining for three months any way.

Owain_Moneysaver

AdamJ31 wrote: »

When they attempted to recover the items by contacting the letting agent two days later, they were informed that all the items had been disposed of. When asked for itemised compensation of £575, the letting agency demanded proof of every item having been there despite all remaining receipts having been removed by the cleaner.

Is this in writing? So the agents have admitted removing and disposing of the items?

The tenants should advise the agents that unless the compensation is paid within xx days then a claim will be launched against them and against the landlord in the small claims court (can be done online) and they will be liable for the tenants costs in so doing.

This letter should be sent to the landlord as well (whose address may be c/o the agents, but the landlord is a separate legal entity to the agent and must be written to. The agents are acting on his behalf and he may be liable for the actions of his agents.)

If any of the items were purchased on credit/debit cards then the card statements will show the date and amount of purchases from shops. I think that will be sufficient evidence to convince a court, especially if the cleaner has removed and destroyed the receipts as well as the items.

Be aware that if the tenancy is an AST outside its fixed period and the proper notices have been served, the landlord can apply for possession with 2 months' notice.

If this is a student let, then the students association or university welfare service probably have housing advisors.

AdamJ31

Thanks. There aren't verifiable transactions for anything like all of it, the hubcap was the one that came on the car, a lot of it was bought from small local retailers in cash, there were some unopened birthday presents in cupboards and items from the previous June that weren't subject to wear and tear.

Because the agent/landlord/cleaner should have been accounting for everything they were disposing of (and holding on to it for at least three months) does this mean that the tenants will be able to offer their best recollection of what was there?

Owain_Moneysaver

Yes, and the fact that there are 5 tenants all saying the same thing will strengthen their case.

rentergirl

Threaten them with the small claims court, and actually do this if they don't pay you back and then some ie compensation for time, and distress of losing beloved possessions. What idiots they are.