landlord rights - ex tenants have damaged property

emmita

HappyMJ wrote: »

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.

Letting agents have just emailed to say yes we have to let tenants rectify the problems else we can't claim deposit.

They haven't sent inspection to me either

Help

HappyMJ

emmita wrote: »

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.

That's great you've got evidence of the hearth....I don't have that evidence. You can then go ahead and claim for that.

Sorry about the stinky house. Maybe changing the grubby carpets will help and after repainting the smell will go away. A good clean will help...you won't be able to claim too much for that but no harm trying when claiming for the damaged hearth.

Pixie5740

emmita wrote: »

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.

It's up to you. Keep the deposit and cut your losses chalking it up to experience, or chase the gits through small claims court for arrears and repairs. The latter would be time consuming and getting a judgement is the easy bit, it's enforcing the judgement that's the difficult bit. That said, if you did go for it you could get a CCJ awarded against the tenants which could be quite satisfying. Then again maybe these tenants already have a CCJ or two which would make me question the letting agency referencing process. Tenants like this aren't perfectly pleasant and reasonable one day and then wake up the next as total nightmares.

emmita

Thanks guys!

Do I have to agree to let the tenants in to rectify the problem I order to claim deposit?

Obviously you can see my concerns.

Pixie5740

Hell no you don't have to let them back in. The tenancy is over, the time for the tenants to rectify the damage was during the tenancy. That ship has sailed.

HappyMJ

emmita wrote: »

Thanks guys!

Do I have to agree to let the tenants in to rectify the problem I order to claim deposit?

Obviously you can see my concerns.

No you don't. If they dispute your quotes then you can give them the opportunity to get a qualified trades person to quote for the repairs on their behalf. You don't have to allow their tradie to do the work but if it's a valid quote then they may be able to restrict their liability to the value of that quote.

G_M

1) go in and change the locks - that deals with the agents letting the tenants back in
2) get written quotes for all the work - that forms the basis of your claim against the tenants
3) either do a check-out report yourself, with photos, or get a 2nd independant one done. See The AIIC (Association of Independant Inventory Clerks)
4) I assume you have the check-in report? Without this you are severely limited in what you can claim
5) write to the agents instructing them
a) not to permit the tenants back into your property
b) to send you their check-out report, check-in report, and all interim inspection reports by return of post
c) stop threatening to sue the agents - that will not help you gain their cooperation! Possibly some weasly apology ( "I was so upset by the state of the house - sorry I reacted badly"). You can always decide on court action later after careful consideration.
d) I assume the deposit was protected by the agents, not you? Which scheme?
e) instruct the agents firmly not to return any of the deposit, or communicate with the tenants on your behalf, until you have received the documents in b above, reviewed them, and discussed with the agents further. Do this in writing. Letter.

then report back here.

emmita

G_M wrote: »

1) go in and change the locks - that deals with the agents letting the tenants back in
2) get written quotes for all the work - that forms the basis of your claim against the tenants
3) either do a check-out report yourself, with photos, or get a 2nd independant one done. See The AIIC (Association of Independant Inventory Clerks)
4) I assume you have the check-in report? Without this you are severely limited in what you can claim
5) write to the agents instructing them
a) not to permit the tenants back into your property
b) to send you their check-out report, check-in report, and all interim inspection reports by return of post
c) stop threatening to sue the agents - that will not help you gain their cooperation! Possibly some weasly apology ( "I was so upset by the state of the house - sorry I reacted badly"). You can always decide on court action later after careful consideration.
d) I assume the deposit was protected by the agents, not you? Which scheme?
e) instruct the agents firmly not to return any of the deposit, or communicate with the tenants on your behalf, until you have received the documents in b above, reviewed them, and discussed with the agents further. Do this in writing. Letter.

then report back here.

Thanks so much, I'm shaking! Thank you thank you

emmita

G_M wrote: »

1) go in and change the locks - that deals with the agents letting the tenants back in
2) get written quotes for all the work - that forms the basis of your claim against the tenants
3) either do a check-out report yourself, with photos, or get a 2nd independant one done. See The AIIC (Association of Independant Inventory Clerks)
4) I assume you have the check-in report? Without this you are severely limited in what you can claim
5) write to the agents instructing them
a) not to permit the tenants back into your property
b) to send you their check-out report, check-in report, and all interim inspection reports by return of post
c) stop threatening to sue the agents - that will not help you gain their cooperation! Possibly some weasly apology ( "I was so upset by the state of the house - sorry I reacted badly"). You can always decide on court action later after careful consideration.
d) I assume the deposit was protected by the agents, not you? Which scheme?
e) instruct the agents firmly not to return any of the deposit, or communicate with the tenants on your behalf, until you have received the documents in b above, reviewed them, and discussed with the agents further. Do this in writing. Letter.

then report back here.

Thanks I've contacted the Letting Agents with above.
I don't have the check-in inspection they do
The deposit is secured,


Deposit Protection Scheme

emmita

Just received this:


As per my previous email, the law relating to Deposits says that the tenants must be given the opportunity to remedy any issues arising from a checkout inspection. Failure to do this means that a landlord cannot claim on the deposit for cleaning or repairs etc. If you refuse them the opportunity to go back I will have no option but to just claim for the rent arrears.

I cannot give you the tenants forwarding address due to the Data Protection Act.

The original inventory has been attached and I will send the Checkout inspection when it has been typed up.