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landlord rights - ex tenants have damaged property

emmita
emmita Posts: 715 Forumite
edited 8 July 2015 at 10:27AM in House buying, renting & selling
I'm a first time landlord and the property has been managed by a letting agents. The tenants gave notice to leave and I had concerns over the state over the property. An incident gave me concerns,. Anyway the letting agents have done the inspection and are going to send it to the tenants. Sounds like they will send before talking to me. I went in the house yesterday and its in a terrible state. I am angry with the letting agents as they has done the 6 monthly (or quarterly inspections) and nothing but a good inspection ever got reported to me. Grubby carpet on the last inspection, that's it.

I've asked the letting agents for a copy of the inspection prior to being sent to the tenants. Still waiting for a reply. Anyone know if they have to send this prior to sending to the tenants? Also she's said they are going to ask the tenants if they want to rectify the problems or for her to get a quote for the work. I don't want them anywhere near the house now. They are even behind on their rent.

Any help advice would be appeciated.

Im concerned letting agent hasn't picked up all the issues I've found too. Does the tenant have to be given the chance to rectify things themselves even though they've moved out and keys handed back over?

Its a nightmare and will cost me thousands. I don't have a forwarding address does the letting agent have to give it to me? Any advice appreciated, thanks
MFW 2013 #146 Target £6000
Sealed pot challenge 6 member #1663 / £167.76
Sealed pot challenge 5 member #1663 / £153.19
«1345

Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Is there a check-in inventory? If so, how does it compare to the check-out inventory?

    Remember that you don't get betterment so you will only receive a portion of the cost of replacing any damaged items in the property.

    Is the deposit enough to cover the damages?
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    emmita wrote: »
    I'm a first time landlord and the property has been managed by a letting agents. The tenants gave notice to leave and I had concerns over the state over the property. An incident gave me concerns,. Anyway the letting agents have done the inspection and are going to send it to the tenants. Sounds like they will send before talking to me. I went in the house yesterday and its in a terrible state. I am angry with the letting agents as they has done the 6 monthly (or quarterly inspections) and nothing but a good inspection ever got reported to me. Grubby carpet on the last inspection, that's it.

    I've asked the letting agents for a copy of the inspection prior to being sent to the tenants. Still waiting for a reply. Anyone know if they have to send this prior to sending to the tenants? Also she's said they are going to ask the tenants if they want to rectify the problems or for her to get a quote for the work. I don't want them anywhere near the house now. They are even behind on their rent.

    Any help advice would be appeciated.

    Im concerned letting agent hasn't picked up all the issues I've found too.

    Its a nightmare and will cost me thousands
    What damage has been caused that wasn't picked up at the last inspection?

    You'll need quotes to fix any damage. General wear and tear and betterment you will not be able to claim for.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Guest101
    Guest101 Posts: 15,764 Forumite
    They're your agents. Start telling them what to do.
  • emmita
    emmita Posts: 715 Forumite
    Hi, and thanks. I'm not after betterment. There's so many. For example, the house stinks and I mean stinks. The house has been painted badly in two rooms and in the kitchen there's a massive patch where they've painted it and changed their mind. Like a massive patch test. Something metal has been left of my plastic sills outside cos its rusted and ruined the will. The hearth has been scratched to bits looks purposely. Light fixture has been changed and exposed wires. Loft hatch metal bar has been bent, how do you bend that with wear and tear. The garden hasn't been touched for 2 years, other than to cut grass. They've taken my washing machine and fridge, yes they were gifted ir if they break I won't replace but nothing ever got reported. Theyve taken a lawn mower and replaced with another. No idea if it works! The internal decorative order is terrible. External PVC door is really bad too.
    MFW 2013 #146 Target £6000
    Sealed pot challenge 6 member #1663 / £167.76
    Sealed pot challenge 5 member #1663 / £153.19
  • emmita
    emmita Posts: 715 Forumite
    Guest101 wrote: »
    They're your agents. Start telling them what to do.

    As soon as I had concerns I have done, I reminded them tephey work for me and threatened them with court which they replied, you won't be taking me to court. They told me I can't go in the house until they have done the checkout inspection. Yesterday I went in as soon as it had been done. Hence my request for advice.
    MFW 2013 #146 Target £6000
    Sealed pot challenge 6 member #1663 / £167.76
    Sealed pot challenge 5 member #1663 / £153.19
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    If the deposit is enough to cover the all the damage then just claim the full deposit. If the deposit isn't enough then you could take the tenants to small claims court...if you know where to serve them.

    Once you've got this sorted out you might want to think about changing letting agents or managing the property yourself. I doubt the tenants caused that much damage between the last inspection and the end of the tenancy.

    G_M's guide to Letting Agents has tips for selecting and sacking them.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    edited 8 July 2015 at 10:43AM
    emmita wrote: »
    Hi, and thanks. I'm not after betterment. There's so many. For example, the house stinks and I mean stinks. The house has been painted badly in two rooms and in the kitchen there's a massive patch where they've painted it and changed their mind. Like a massive patch test. Something metal has been left of my plastic sills outside cos its rusted and ruined the will. The hearth has been scratched to bits looks purposely. Light fixture has been changed and exposed wires. Loft hatch metal bar has been bent, how do you bend that with wear and tear. The garden hasn't been touched for 2 years, other than to cut grass. They've taken my washing machine and fridge, yes they were gifted ir if they break I won't replace but nothing ever got reported. Theyve taken a lawn mower and replaced with another. No idea if it works! The internal decorative order is terrible. External PVC door is really bad too.
    OK...you need to break it down...you can't claim for a smelly house. An empty house will never smell perfect. It will smell bad. It needs airing..that's free.

    Did you allow the tenants to paint the property?

    The sill can be cleaned...that won't cost much.

    The light fixture replaced and leaving exposed wires you could claim for...that's about £50.

    Loft hatch you'd need evidence it wasn't bent at the start of the tenancy. I really doubt the agency went into the loft to verify the condition of the hatch. Your word against tenant probably won't work on that one.

    You gifted the washing machine and fridge...they can take them.

    The lawn mower may have broken and they've replaced it. As long as it's pretty similar then they can do that.

    Decorative order being poor...well it's your house..goes back did you allow tenants to paint. Even if you didn't how long since the last time you repainted the property. Repainting between tenancies is quite normal. How long were they in the property for before they left?

    edit: Do you have evidence the hearth was not scratched when the tenancy started. Again your word against theirs is not enough. You need evidence.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • emmita
    emmita Posts: 715 Forumite
    Thanks Pixie, the deposit won't cover damage and yes I've already said why want any of this picked up in the inspections? They replied that maybe the tenants started to damage property as they new they were leaving.


    I know from a report from a neighbour that they did one inspection in approx 2 minutes.

    Do I have to agree to let the tenant rectify the problems?
    I don't want them anywhere near property.

    Thanks
    MFW 2013 #146 Target £6000
    Sealed pot challenge 6 member #1663 / £167.76
    Sealed pot challenge 5 member #1663 / £153.19
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    emmita wrote: »
    Thanks Pixie, the deposit won't cover damage and yes I've already said why want any of this picked up in the inspections? They replied that maybe the tenants started to damage property as they new they were leaving.


    I know from a report from a neighbour that they did one inspection in approx 2 minutes.

    Do I have to agree to let the tenant rectify the problems?
    I don't want them anywhere near property.

    Thanks
    No you do not have to allow the tenant to repair the damage after the tenancy is over.

    If the deposit won't cover the damage then you need to take them to court for the additional amount...Is it worth it though? You've got your property back.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • emmita
    emmita Posts: 715 Forumite
    HappyMJ wrote: »
    OK...you need to break it down...you can't claim for a smelly house. An empty house will never smell perfect. It will smell bad. It needs airing..that's free.

    Did you allow the tenants to paint the property?

    The sill can be cleaned...that won't cost much.

    The light fixture replaced and leaving exposed wires you could claim for...that's about £50.

    Loft hatch you'd need evidence it wasn't bent at the start of the tenancy. I really doubt the agency went into the loft to verify the condition of the hatch. Your word against tenant probably won't work on that one.

    You gifted the washing machine and fridge...they can take them.

    The lawn mower may have broken and they've replaced it. As long as it's pretty similar then they can do that.

    Decorative order being poor...well it's your house..goes back did you allow tenants to paint. Even if you didn't how long since the last time you repainted the property. Repainting between tenancies is quite normal. How long were they in the property for before they left?

    edit: Do you have evidence the hearth was not scratched when the tenancy started. Again your word against theirs is not enough. You need evidence.

    Thanks Happy

    Seems like I'm scr3w3d!

    I have evidence of the hearth but not of the loft hatch.

    The house doesn't just smell, it stinks.

    The deposit won't cover cost of repairs as they were behind I the rent.
    MFW 2013 #146 Target £6000
    Sealed pot challenge 6 member #1663 / £167.76
    Sealed pot challenge 5 member #1663 / £153.19
This discussion has been closed.
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