Managing agent and deposit problems

HP77

Evening all,

I am a landlord who employed an agent to manage my property whilst I was overseas. The tenants have now moved out and their deposit was protected with the the DPS by the agent.

The agent has returned all but £200 of the deposit to the tenants following a check out report.

However, I have visited the property am not happy with the check out report and believe that the agents have missed damage....not just wear and tear (e.g a damaged bannister that is hanging off the stairs, warped laminate flooring where there has been a flood in the kitchen).

I have written to the agents pointing out the damage, accompanied by photographs, but am wondering what else to do. The damage is far in excess of the £200 that the agent has retained.

I would be grateful for any advice as to how to deal with this situation.

theartfullodger

Ask agent nicely for compo. If not satisfied then LBA then SCC.

Guest101

Well what was the £200 kept for?


What was the cause of the flood? Generally that wouldn't be a tenants responsibility


You still have the option to sue the tenant for any damage they caused, but you are unlikely to succeed given that you already accepted their small payment from the deposit. (Your agent may have actually done the accepting, but in law it's on your behalf)


That leaves you to sue the agency, but that would depend on your contract with them.

HP77

I have no idea what caused the flood as the tenants failed to report it to the managing agents...just like they failed to report any of the other damage in the property or seek permission to install extra telephone points and cable boxes.

The agent has sub contracted the report to another company but I assume that, as I am paying the agent for a service, it is them I should be dealing with?

Guest101

HP77 wrote: »

I have no idea what caused the flood as the tenants failed to report it to the managing agents...just like they failed to report any of the other damage in the property or seek permission to install extra telephone points and cable boxes.

The agent has sub contracted the report to another company but I assume that, as I am paying the agent for a service, it is them I should be dealing with?

Yes. Unless it's clear in your contract that this company will be used. These contracts are complicated as the agent is required to act in your best interest


If the flooding was caused by your negligence, or more importantly through no fault of the tenant (ie a pipe burst) it is unlikely you have a claim against them


They may well have reported it to the agent - in fact it's possible the agent gave them verbal assurance for all the above.