Tenants damage to our property already exceeds deposit & their contract isn't up

BitterAndTwisted

Has the agent carried out repairs at your expense which the tenants have caused themselves? If that is the case I'd be minded to tell the tenants that you are unwilling to pay for any more unless they are absolutely necessary to keep the property safe and weather-proof. Any others will be done once they have vacated and at their expense. And I'd put that in writing, too.

Where did you find these vandals? What were their references like from previous landlords? People who live chaotic lives rarely suddenly become so overnight only when moving to a new property.

whalster

Everything you have posted sounds like third hand information , have you met your tenant and seen this for yourself ? If not why not .
Maybe this is yet another agent lifting your leg ,it may not be however but you need to know either way ,you need to meet and know the people who rent your property if you don't feel up to this then sadly ou are in the wrong business and all you will come away with is a wet back courtesy of your letting agent

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BitterAndTwisted

It's too late for this tenancy but for future reference NEVER, EVER accept any tenants whose credit-checks and references you have not personally seen. You should never have let the agent accept and sign up tenants on your behalf, just leaving it to trust that they are suitable and acceptable.

I suspect the agent knew full well that your current tenants are trash but they didn't care because it was you who who was taking all the risks. All they cared about was their tenant-finding fee, their percentage of the rent collected plus the nice mark-up on the repairs they've had carried out on your behalf.

The agent is your servant, so they should be carrying out your instructions, not the other way round!

G_M

You need to take control.

YOU are the landlord, YOU own the property, the agents work for YOU, YOU take the risks.

Read this, carefully, then check that you have done everything you should:

New Landlords (information for new or prospective landlords)


In particular, check that the deposit, which belongs to the tenants, and for which YOU are responsible, has been registered as per the law. There are penalties (against YOU) for failure.

Now answer Qs, some asked already:

* tenancy: start & end dates
* is there a 'Break Clause' in the tenancy?
* has a S21 Notice been issued? Date?
* any rent arrears?
* Check-in inventory? Signed by tenants? How much details? Photos?
* Deposit (as above) registered? Date? Prescribed Info issued? Date?
* Inspections undertaken? By who? Dates? Results?
* Damage? Assessed by who? Contractor quotes obtained?
* Any H & S damage?
* Other legal liabilities complied with eg gas certificate?

ALL the above Qs are important and relevant. The answers affect what action you can/should take, and when.

If you do not know the answers, and/or do not have the paperwork, then WRITE to the agents with a clear list of instructions, telling them to give you the answers, and copies of the tenancy, S21, etc

As said at the start, they work for YOU so start taking control.

edit: is the agent an independant,or a chain? Either way, address your letter to the local manager. But also

* look up their code of practice (if they have one!)
* Check if they are members of ARLA, PropertyOmbudsman Scheme etc
* Look up their Complaints procedure
* Find their Head Office

This will all be useful if you need to escalate

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RAS

candyflossing wrote: »

Won't get into too much detail regarding dates etc. so some answers may be vague.

2 months into a 6 mo contract. We have informed agent we will not be renewing contract. Is S21 still required?

Inspections have been carried out by agent and damage has been noted. Inventory was taken & signed. We also took photos ourselves.

Deposit has been secured. No rent arrears. Don't believe there is a break clause (looking into this). We have fixed all tenant reported damage so far & complied with all legal requirements of us as landlords. Damage picked up on inspection (broken floors & walls) has not been fixed as is not a health & safety issue. Agent advised we don't fix any of this until tenants have left property as it will 'likely get damaged again'.

Letting agent is a chain, they assure us that the property will be returned to us as we left it, as stated in contract. Depending on how they handle this, we may take this further.

We are currently obtaining legal advice. Though any advice from MSErs is very welcome.

Deposit secured in which scheme? Was the prescribed information sent to the tenant within 30 days?

Have you SEEN the credit check and references taken for the tenant.

Do you understand what an S21 is?

Gas safety certificate done and issued?

G_M

candyflossing wrote: »

Won't get into too much detail regarding dates etc. so some answers may be vague.

2 months into a 6 mo contract. We have informed agent we will not be renewing contract. Is S21 still required?Yes. There are only 2 ways to get rid of tenants: 1 is via a S21, the other is via a S8 (usually for rent arrears).

Inspections have been carried out by agent and damage has been noted. Inventory was taken & signed. We also took photos ourselves.Is the inventory detailed? Does it list condition property? Existing damage? state of cleanliness? If the tenants claim "it was damaged like that when we moved in" can you prove it was not?

Deposit has been secured.
Date? Prescribed Information? Date?
No rent arrears. Don't believe there is a break clause (looking into this). We have fixed all tenant reported damage so far & complied with all legal requirements of us as landlords. Damage picked up on inspection (broken floors & walls) has not been fixed as is not a health & safety issue. Agent advised we don't fix any of this until tenants have left property as it will 'likely get damaged again'.

Letting agent is a chain, ?? relevance?? they assure us that the property will be returned to us as we left it,
:rotfl:how can they assure you of this? Simply b*llsh*t designed to reassure.
as stated in contract. Depending on how they handle this, we may take this further.

We are currently obtaining legal advice. Though any advice from MSErs is very welcome.

The dates are VERY RELEVANT.

You can only get the tenants out at the end of the 6months via a S21.
The S21 must be valid.
The dates will determine if the S21 is valid.
Many agents make errors on this- you cannotrelyon them. CHECK.

Now read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

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