Management Agents and smoking tenants

sussexchick

Hello All

I have a work colleague with me this evening who would appreciate some advice.

He has been letting out his property for approx 4 years to the same tenant and has had managing agents looking after it on full maintenance, to which 10% per month has been deducted for their fees and service. During the past years a six monthly periodic check has been made on his property to ensure that everything is in accordance with the lease. There has never been any issues raised and the agents have confirmed that the carpet could do with a vacuum, but nothing more than that.

Over the weekend the tenant has left the property and my friend has visited his former home. It appears the previous tenants were heavy smokers, the tenancy agreement clearly states that smoking is not allowed in his property, and the carpets, curtains, walls and ceilings are covered with thick yellow stains. The lounge carpet needs to be ripped out completely due to heavy stains and fluids being spilt on it and not wiped off.

Can anyone offer any advice in respect of the responsibilities of the letting agents who failed to report any such damage during the past 4 years of rental ?

Also, in respect of the deposit which is currently held, and what happens with fair wear and tear ?

The property was brand new, all carpets and curtains were brand new when the tenancy was taken over.

Thank you for any advice you can give

theartfullodger

Your friend should learn to use the internet & post his own questions...

He should probably get trained up in how to manage a letting agent: eg
http://www.rla.org.uk/landlord/courses/choosing_the_right_agent.shtml

The landlord always remains responsible - but if there is a good strong case he may have a case against agents if he is unable to get damages from tenant (who is the one to go after first).

Was there a moving-in & moving-out inventory with photographs, agreed with tenant?

Was there a deposit, was it protected within 30 says & was PI served??

Did he not go near the place for 4 years and never bother to check if the agent was doing their job??

Good news is after 4 years most places would be starting to need a refurb anyway & 48months of that lovely rent must be a comfort to him.

Cheers!

sussexchick

theartfullodger wrote: »

Your friend should learn to use the internet & post his own questions...

He should probably get trained up in how to manage a letting agent: The landlord always remains responsible - but if there is a good strong case he may have a case against agents if he is unable to get damages from tenant (who is the one to go after first).

Was there a moving-in & moving-out inventory with photographs, agreed with tenant?

Was there a deposit, was it protected within 30 says & was PI served??

Hi, yes I agree, he does need to set up an account !

There was a moving-in inventory check with photo's and all goods listed apparently, but as for the check-out inventory, he says this was only done by the managing agents AFTER they had vacated.

The deposit was protected, the tenants informed the agents that they wanted to move out and gave 1 months notice

sussexchick

theartfullodger wrote: »

But was PI served?? (Prescribed info..)

sorry, he's asked what this means ? (hence for the need of managing agents!)

G_M

Assuming:
* this is Eng/Wales
* there was a deposit taken, and it was dealt with properly#
* the tenancy agreement had a 'no smoking' clause
* there was a check-in inventory which was signed by the tenants AND which clearly establishes the curtains, carpets etc were brand new OR
* this can be proved by other means (ie the property purchase date with all new furnishings)

then he should
1) establish the cost of cleaning to remove the smoke odour and stans
2) establish the cost of replacement of any items beyond cleaning
3) deduct a % of the cost of 2) to allow for depreciation (and avoid 'betterment')
4) write to the tenants detailing the above and proposing deducting the amount from the deposit (and making a claim for any amount that exceeds the deposit)

sussexchick

G_M wrote: »

Assuming:
* this is Eng/Wales
* there was a deposit taken, and it was dealt with properly#
* the tenancy agreement had a 'no smoking' clause
* there was a check-in inventory which was signed by the tenants AND which clearly establishes the curtains, carpets etc were brand new OR
* this can be proved by other means (ie the property purchase date with all new furnishings)

then he should
1) establish the cost of cleaning to remove the smoke odour and stans
2) establish the cost of replacement of any items beyond cleaning
3) deduct a % of the cost of 2) to allow for depreciation (and avoid 'betterment')
4) write to the tenants detailing the above and proposing deducting the amount from the deposit (and making a claim for any amount that exceeds the deposit)

Hi thank you for your advice. If he does the work himself, ie painting etc, will he be able to charge for labour costs for his time, or is it better getting someone else in to do it ?

He has also said that he didn't visit his home during that time as he placed his trust in the managing agents and didn't see the need for him to keep disturbing the tenants inspecting what the agents state they had already inspected.

jamie11

Some people smoke, get over it!

I f the smoking has caused damage that can be fairly said to be over and above fair wear and tear then the landlord can (attempt) to claim for putting it right.

However if the tenant has been in occupation for 4 years then the place probably needs refreshing anyway so I can't see a claim against the deposit succeeding.

G_M

sussexchick wrote: »

Hi thank you for your advice. If he does the work himself, ie painting etc, will he be able to charge for labour costs for his time, or is it better getting someone else in to do it ?

He has also said that he didn't visit his home during that time as he placed his trust in the managing agents and didn't see the need for him to keep disturbing the tenants inspecting what the agents state they had already inspected.

Whether he ultimately does the work himself or not is immaterial.

He claims the cost of getting it put right, and to establish that cost, he gets quotes from appropriate contractors.

kissingthepink

As far as I know non smoking clauses are not legally enforceable so he cannot make a claim for any so called stains etc. And after four years the place will need a fresh coat of paint anyway. If he has had a good tenant for four years whose only vice is smoking then he should consider fimself lucky

sussexchick

theartfullodger wrote: »

AIUI if PI was not served tenant can claim up to 3xdeposit
see..
http://www.landlordlawblog.co.uk/2012/11/12/important-news-for-landlords-on-tenancy-deposits-ignore-this-at-your-peril/

Tenant may be viewing this thread...

yes, deposit was protected in DPS scheme

sussexchick

kissingthepink wrote: »

As far as I know non smoking clauses are not legally enforceable so he cannot make a claim for any so called stains etc.

thats surprising, if its contained in the lease agreement, surely its enforceable ?