landlord rights - ex tenants have damaged property

Pixie5740

BS! What redress scheme is this bunch of clowns signed up with?

The tenancy has ended. The tenants have no right to reenter the property.

Ask them which law they are specifically referring to. They won't be able to answer because they are talking out of their southerly mouth.

That comment about the Data Protection Act is cobblers too.

HappyMJ

emmita wrote: »

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.

That's not correct. You can agree for them to get a contractor in to carry out a quote and maybe the work...you need to agree to all of that. You don't HAVE to allow them in to the property to carry out work which in your opinion can only be carried out by a qualified trades person.

You're not claiming for cleaning...just for the damage. They cannot be allowed to carry out electrical work on that light fitting and I imagine that this hearth is going to require at the very least a joiner.

emmita

G_M wrote: »

1)
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)

There's none in my county

LEJC

GM has given some good pointers on the previous page....however reading your most recent email exchange their comments are rubbish to the extreme.

If you reply back please remind your letting agent that they do infact act on your behalf and as such you are entitled to a forwarding address if indeed the tenant supplied one to them....data protection act would allow you that information because it has been sought by the agent on your behalf.

What law states that the tenant has the right to re enter the property to rectify the property after they have handed the key back....ask for a copy of what the letting agent is referring to ...I use the dps to secure deposits as a LL and have certainly never come across this piece of law before...I think dps have an online chat facility....you could always check the law relating to this with them.

Once this is sorted,please find yourself another letting agent who is at least prepared to work for you rather than against.

G_M

As others have said:

* data protection does not apply. They are your 'agents' and hold the data on your behalf
* there is no such law as they claim. ask them to refer you to the Act or Regulation.
* instruct them again, in writing,
a) not to return the deposit
b) not to allow the tenants access

You seem to have acted fast: have you put all this IN A FORMAL LETTER?

Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

* The Property Ombudsman
* Ombudsman Services Property
* Property Redress Scheme

which one?

G_M

emmita wrote: »

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

???

Do you mean Deposit Protection Service (Custodial and Insured)

if so, Custodial or Insured?

See

https://www.gov.uk/tenancy-deposit-protection

Might be worth contacting them - If the deposit is registered in the agent's name I'm not sure they will acept instructions from the LL though - anyone know?

emmita

Hi, just been speaking to the DPS and it seems that because the deposit was set up by the Letting Agents it doesn't haven't my name on it so no rights to stop it. I don't think I have any information to say I'm on deposit so can't even talk about it. He was a nice fella and suggested I take legal advice about whether the tenants can enter the property.


I have reiterated my request to the LA so will await the inspection report. Meanwhile I'll try and talk to Citizens Advice.


It's not in a formal letter yet, point very much taken.
Thanks

emmita

G_M wrote: »

???

Do you mean Deposit Protection Service (Custodial and Insured)

if so, Custodial or Insured?

See

https://www.gov.uk/tenancy-deposit-protection

Might be worth contacting them - If the deposit is registered in the agent's name I'm not sure they will acept instructions from the LL though - anyone know?

Thanks GL it-s registered in the LA and wont accept any instructions from me. That's what the guy said.

LEJC

I have always registered the deposit myself as a LL....its a simple thing to do and whilst its not going to help you this time its certainly something to consider if you get future tenants.....

When a letting agent is good then I see it working well between LA/LL but in your situation its not panned out as you expected....I used a LA for the first tenancies and have since swapped to a tenant only find type scenariowith an agent im much more comfortable with ...partly because its cheaper but it also gives me greater flexibility and a better "working understanding" of my tenants

emmita

LEJC wrote: »

I have always registered the deposit myself as a LL....its a simple thing to do and whilst its not going to help you this time its certainly something to consider if you get future tenants.....

When a letting agent is good then I see it working well between LA/LL but in your situation its not panned out as you expected....I used a LA for the first tenancies and have since swapped to a tenant only find type scenariowith an agent im much more comfortable with ...partly because its cheaper but it also gives me greater flexibility and a better "working understanding" of my tenants

Thanks - I have learnt my lesson with this, I can't understand some people (tenants).


CAB - computer unable to chat, IE and firefox so maybe a problem with online chat at CAB.
Contacted ARLA who have given me a number for the Law Society.