Advice - Problem Landlord & Incompetent Letting Agent

meyouandbabaloo

So we have received our check out report, and I can see that a lot of detail has been added by the letting agent following on from the landlord's visit.


The letting agent has said that the property should be left in the standard we moved in to, we believe it is in a better condition! Is not what the checking out procedure is for? She had a copy of the move in inventory and told us that there were only the 2 issues that needed resolving.


I am really feeling like we are being taken advantage of!!

WikiSpeaker

This happened to me!

I would waste no time going to the dispute resolution service.

Best thing I did. They wanted to deduct £400 but ended up with £90.

It took about 3 months but I was really happy with the outcome. Took the stress right out of it.

meyouandbabaloo

We have had some news today.

The letting agent got in touch and said the landlord was very disappointed that we were looking to dispute, so he has cleaned the property himself at a cost of £120.

I drove to the house earlier to check if anyone he'd been since my last visit, as I stood a stick against the door that would have moved if the door had been opened. Guess what......stick is still there.

I still have a key to the property that I kept in case the letting agent advised any further work that we could carry out ourselves, they know that we have the key, but I don't think the landlord does.

Would it be illegal for me to enter the property now?

sandsni

You have no right to re-enter the property now the tenancy has ended. The LL could, rightly, accuse you of trespass. Not sure what you're doing still holding on to a key. This is why LLs are advised to change the locks after a tenant leaves.


Did you contact the deposit scheme as others have advised?

BitterAndTwisted

No letting-agent would have a property cleaned unless it was at the landlord's request and the landlord was paying for it.

Just dispute the landlord's proposed charges using the check-in report if you think they are unreasonable.

It might be the case that the LL is seeking to extract some more cash from you but your responsibility is to return the property in the same condition as it was at the start, less wear & tear. If you don't you are going to be charged, regardless of whether any repairs or painting have actually been done. They don't have to prove to you that they have done so either. That it is/was necessary is the only issue here.

There's no point in re-entering the property once the check-out inspection has been done. They are not going to do another once you've been back in and painted or whatever. Why should they?

G_M

I would keep very quiet about the key!

The landlord could argue that since you have not returned (all) the keys, you have not surrendered the tenancy. The tenancy continues. You continue to owe rent!

What is more, since I assume it was you who gave notice, and then failed to move out (you still have a key), you can be charged double rent ( Distress For Rent Act 1747 S18).