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End of Tenancy Nightmare...
chr15hoops
Posts: 8 Forumite
Some advice please..
A close friend of mine rented a property for a number of years through a letting agent. Due to personal circumstances she has recently ended this tenancy and moved in with her partner.
When she took the property back in 2011 it was advertised as furnished and she duly signed an inventory for a number of items. As a result of depreciation and 'wear/tear' at the end of tenancy some of the items on the original inventory were missing.
The letting agent discussed these items during the final inspection and it was agreed that the best cause of action was to release the security deposit (bond) accordingly in full, which my friend did through the normal DPS protocol.
The keys where handed over and the tenancy ended.
However... a number of weeks later a letter was received at her new address directly from the landlord (not the letting agent) requesting that my friend paid an excessive additional amount of money for these missing items... otherwise the landlord has stated he will report her to the police for theft!
Does anyone know where she stands on this matter?
A close friend of mine rented a property for a number of years through a letting agent. Due to personal circumstances she has recently ended this tenancy and moved in with her partner.
When she took the property back in 2011 it was advertised as furnished and she duly signed an inventory for a number of items. As a result of depreciation and 'wear/tear' at the end of tenancy some of the items on the original inventory were missing.
The letting agent discussed these items during the final inspection and it was agreed that the best cause of action was to release the security deposit (bond) accordingly in full, which my friend did through the normal DPS protocol.
The keys where handed over and the tenancy ended.
However... a number of weeks later a letter was received at her new address directly from the landlord (not the letting agent) requesting that my friend paid an excessive additional amount of money for these missing items... otherwise the landlord has stated he will report her to the police for theft!
Does anyone know where she stands on this matter?
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Comments
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chr15hoops wrote: »Some advice please..
A close friend of mine rented a property for a number of years through a letting agent. Due to personal circumstances she has recently ended this tenancy and moved in with her partner.
When she took the property back in 2011 it was advertised as furnished and she duly signed an inventory for a number of items. As a result of depreciation and 'wear/tear' at the end of tenancy some of the items on the original inventory were missing.
The letting agent discussed these items during the final inspection and it was agreed that the best cause of action was to release the security deposit (bond) accordingly in full, which my friend did through the normal DPS protocol.
The keys where handed over and the tenancy ended.
However... a number of weeks later a letter was received at her new address directly from the landlord (not the letting agent) requesting that my friend paid an excessive additional amount of money for these missing items... otherwise the landlord has stated he will report her to the police for theft!
Does anyone know where she stands on this matter?
If she hasn't stolen anything then she's fine. I can report your friend for theft but that doesn't mean that she's stolen anything or done anything wrong!
It's for the LL to prove wrongdoing. If your mate has done nothing wrong she has no problem.
LL sounds like a bit of a blowhard frankly.0 -
Difficult to see how "wear and tear" causes something to go missing!
On the other hand the police will certainly not be interested. If the L wants to claim it would be via the small claims court.0 -
What were the items and what actually happened to turn ? Did they break or become unusable during the tenancy? Did she report this to the agency or landlord at the time?Savings target: £25000/£25000
:beer: :T
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what were these items?
What details were listed on the inventory for them?
What happened to them?
What permission was sought/given for their (I assume) disposal?0 -
As others have said, things don't "go missing...as a result of depreciation and 'wear/tear' ".
Either they
* get lost (tenant's fault) or
* thrown away without LL's permission (tenant's fault) or
* thrown away with LL's permission (not tenant's fault)
By the sound of it, no LL consent was obtained to dispose of the items, so they should have been there at the end of the tenancy. Their condition would have been a different issue. They might have suffered 'wear & tear'or they might have been 'damaged', but that issue is not relevant here.
The only mitigating factor might be the agent's decision - what exactly did the agent say (hopefully in writing) about the items when agreement was reached to release the deposit.
The police will not be interested, however the landlord could take civil action via the Small Claims track.0
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