landlord rights - ex tenants have damaged property

emmita

right I've just spoken to a solicitor and I have to give the opportunity to let the tenant fix the property. However I don't have to give them the keys. The LA can let them in and stay with them and lock it back up. Still not too happy.

benjus

emmita wrote: »

right I've just spoken to a solicitor and I have to give the opportunity to let the tenant fix the property.

Was this a specialist in landlord/tenant law? This advice sounds very dubious.

Landlords are entitled to take money from a deposit even if they do not use it to rectify the issues. For example, if a tenant has caused the paintwork in a property to deteriorate more quickly than would normally be expected, but not to an extent that would warrant redecoration, the LL may claim some money from their deposit but maybe not use it until the property needs full redecoration. The money taken from the deposit is considered as compensating the LL for losses caused by the tenant. It's up to the LL whether the issue is immediately rectified or not.

HappyMJ

emmita wrote: »

right I've just spoken to a solicitor and I have to give the opportunity to let the tenant fix the property. However I don't have to give them the keys. The LA can let them in and stay with them and lock it back up. Still not too happy.

You can finish your contract with the LA and get your keys back. Therefore no more access by LA. They don't sound the best LA's anyway so move to another one.

http://www.landlords.org.uk/news-campaigns/news/maintenance-and-repairs-during-tenancy

the bit I looked at was...

It is not advisable to allow tenants to carry out repairs to your property as you will have no control over quality. It could also invalidate insurance. While allowing tenants to do decoration work may be temptingly inexpensive, this can backfire if the work they do is of poor quality.

It is also not advisable to do specialist repair work yourself, unless you have a relevant qualification and experience. A London landlord was jailed recently for endangering his tenants after he illegally installed a boiler that he then repeatedly tried to fix after it developed a leak.

.......

So...you have an electrical fitting that needs replacing. Anyone can change a light fitting but do the tenants really have the qualifications and experience necessary to change the light fitting themselves. They haven't done it correctly the first time. So I really don't think so. I would not be allowing them to do that as you will be responsible if a future tenant is injured and it was installed incorrectly. I can't understand how they could fix it themselves.

G_M

and given the history I would not trust the agent overseeing the tenants' work!

If you DO decide to let the tenants rectify, be there yourself, or a trusted friend/relative, not the agent.

Have you changed the locks yet? Costs £5 - £20 depending on the lock.

Keep the old one to recycle each time there's a tenant change-over.

emmita

benjus wrote: »

Was this a specialist in landlord/tenant law? This advice sounds very dubious.

Landlords are entitled to take money from a deposit even if they do not use it to rectify the issues. For example, if a tenant has caused the paintwork in a property to deteriorate more quickly than would normally be expected, but not to an extent that would warrant redecoration, the LL may claim some money from their deposit but maybe not use it until the property needs full redecoration. The money taken from the deposit is considered as compensating the LL for losses caused by the tenant. It's up to the LL whether the issue is immediately rectified or not.

Yes the solicitor was a specialist.
The issue I have is that the LA are the ones registered with the deposit. I could ask them to sign it over to me but I know they won't.
I could get the work done but might have problems claiming. He did say they didn't have to have the keys.

emmita

HappyMJ wrote: »

You can finish your contract with the LA and get your keys back. Therefore no more access by LA. They don't sound the best LA's anyway so move to another one.

http://www.landlords.org.uk/news-campaigns/news/maintenance-and-repairs-during-tenancy

the bit I looked at was...

It is not advisable to allow tenants to carry out repairs to your property as you will have no control over quality. It could also invalidate insurance. While allowing tenants to do decoration work may be temptingly inexpensive, this can backfire if the work they do is of poor quality.

It is also not advisable to do specialist repair work yourself, unless you have a relevant qualification and experience. A London landlord was jailed recently for endangering his tenants after he illegally installed a boiler that he then repeatedly tried to fix after it developed a leak.

.......

So...you have an electrical fitting that needs replacing. Anyone can change a light fitting but do the tenants really have the qualifications and experience necessary to change the light fitting themselves. They haven't done it correctly the first time. So I really don't think so. I would not be allowing them to do that as you will be responsible if a future tenant is injured and it was installed incorrectly. I can't understand how they could fix it themselves.

Do the tenants have the qualifications, he's an electrician. Or so he says......

I'm still waiting for the inventory to come to me, its all got very official. I am expecting a email from them any time now with another excuse.

emmita

G_M wrote: »

and given the history I would not trust the agent overseeing the tenants' work!

If you DO decide to let the tenants rectify, be there yourself, or a trusted friend/relative, not the agent.

Have you changed the locks yet? Costs £5 - £20 depending on the lock.

Keep the old one to recycle each time there's a tenant change-over.

Thanks locks not changed yet, unfortunately I feel tied til this gets sorted I haven't seen check out report yet. It just would not be possible for me to be up at the property for x days. There is only me and I work full time. Hence the reason I opted for a managed service.

I do plan on changing the locks at the first opportunity and when I do the LA obviously will not be getting a copy.

DandelionPatrol

emmita wrote: »

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

The advice from the DPS is in essence correct, but misleading.

The fuller picture is that they can only accept instructions from the Agent. The Agent must accept your instructions. So instruct the Agent to instruct the DPS not to release the deposit.

emmita

DandelionPatrol wrote: »

The advice from the DPS is in essence correct, but misleading.

The fuller picture is that they can only accept instructions from the Agent. The Agent must accept your instructions. So instruct the Agent to instruct the DPS not to release the deposit.

I have instructed them earlier today.

They have not sent the check out inventory even though it just needed typed up.

I have someone ready to go to change the locks which I will do at the earliest time I feel I can.

I am convinced I won't see a penny from the deposit even though they owe rent. The LA readvertised my property to which I've put a hold on until it gets fixed up and I'm sure they'll be a charge.

Guest101

I think you need to go to the letting agent redress scheme.