Disputing return of deposit

WIN79

I am representing my mom who is a landlord and she is using a letting agency to manage the tenancy. The tenant paid the Agent 6 weeks deposit and upon check out they noted several issues which require fixing/cleaning etc. with a quote of £145 to put right. I went round to the property today and noted far more than was stated, including dirty walls, broken light fittings, terribly stained carpets and the overwhelming smell of cigarette smoke, even though the agreement was no-smoking. I have documented these problems and have emailed the agent with my findings and am disputing the amount of deposit retention. The carpet in one room will need replacing entirely, the others can probably just be cleaned but the whole house needs fumigating to rid the smell. Where do we stand? Also to note the agents neglected to get the inventory signed by the tenant at the start.

Ulfar

First question and the most important, was the deposit protected and the required information provided to the tenant within the correct time scale ?

Pixie5740

WIN79 wrote: »

Also to note the agents neglected to get the inventory signed by the tenant at the start.

Well that's going to be a problem.

Maybe it's time to sack these clowns and either find a new agent or manage the property yourself.

G_M

If the deposit was not registered, the LL can be sued for 3 times the deposit, so that's the 1st thing to check.

If the tenants never signed an inventory, how will the LL respond when the tenant says "The property (carpets, walls, light fittings etc) was like that when we moved in."

It is for the LL to prove the deteriorating/damage, not for the tenant to disprove. The check-in inventory is usually the proof.

Of course, if the LL has a receipt for new carpets dated when the tenancy started, or a contractor's invoice for repainting the walls at that time, that could be used.

Having said all that, if the LL submits the costs to the tenant, and the tenant agrees them, then there's no problem is there?

WIN79

In response to the above, is that not why we pay the Letting Agent, to sort these issues out, I.e the signing of the inventory?

G_M

WIN79 wrote: »

In response to the above, is that not why we pay the Letting Agent, to sort these issues out, I.e the signing of the inventory?

I cannot say why you pay a letting agent.

And not having seen the contract with the letting agent, cannot comment on whether they should have done this.

boo2410

I don't see why the answer was vague, you do need to look at your contract to ascertain what the agents should be doing, and if they're not ask them why not.

Ulfar

WIN79 wrote: »

In response to the above, is that not why we pay the Letting Agent, to sort these issues out, I.e the signing of the inventory?

You may well be paying the letting agent to sort these things out, doesn't mean to say they have done it.

If they haven't followed the rules on tenant deposit protection and as they are acting on your behalf, in the eyes of the law you have failed in your duty to abide by the law.

Unfortunately letting agents need no qualifications and are not regulated. Read some of the other posts on these boards and you will find they are only after the money and quite frequently have no clue as to how to act professionally.

whalster

This is why landlords should always look after their own property , it is always the landlord who stands up in court not an agent.

Do you make sure you have MOT tax and insurance on your car or just jump in and drive thinking someone else has done it ? And if you pay someone to do these things do yup still jump in and drive without checking ?

This is the type of business that can't be farmed out effectively

G_M

Tell us precisely what you have contracted with your agent, and we can give specific advice in response.

Ulfar

I think given the lack of further response from the OP, they haven't followed the law in regards to the tenants deposit and are unhappy that means that they have snookered themselves regarding the deposit.