Deducting damage costs from Tenants deposit?

HappyMJ

nkkingston wrote: »

If the letting agency screwed up, wouldn't they be responsible for covering the damages now rather than the tenant? They've told the tenant it's all fine, after all, so the tenant has a reasonable expectation of getting their deposit back. This might be why they're offering to hire a handyman for you.

The tenant is still responsible but as the deposit has been released to the tenant by the agent then the landlord would have to take the tenant to court if the tenant is refusing to reimburse the landlord.

LEJC

I've read this thread with interest....and see myself a little 3 years ago.
...but I've moved on and wonder if you should consider your position with the Letting agent.

This is a company that you trust and instruct to act in your best interest when managing your property...however how I read it is that you are unhappy with their attention to detail when completing the check out and dont trust their nominated handy person to put right the issues.

I've been there...and can probably comment that maybe you still have too much of a attachment to the property as well as the issue with the LA.

Have you considered self managing,is that an option,its something we did once we felt confident that the LA scenario wasn't really working for us.....3 years on and now self managing all I can say is either choose your letting agent better or think about taking the leap to doing it yourself.

We chose a new letting agent who was much more in tune with what we wanted and we now self manage with a little assistance from the LA finding the tenant.

no criticism intended...just words from someone who has been where you are.

tlc678910

I'm not trying to be inflammatory but genuine - do people (landlords) really not expect to clean their house between their tenants? (I definately expect to).

Edit - when people move in I want the place spotless. When they move out I'm grateful for what I can get!

Tlc

Cakeguts

Change the letting agent. Do not let a house through them again. They are clearly not interested in working for you. Did they do any checks on the property while the tenant was living there? There are good agents and there are bad agents. Even some of the bad agents are members of organisations that you should be able to rely on. You need to interview your agent.

HappyMJ

tlc678910 wrote: »

I'm not trying to be inflammatory but genuine - do people (landlords) really not expect to clean their house between their tenants? (I definately expect to).

Edit - when people move in I want the place spotless. When they move out I'm grateful for what I can get!

Tlc

As a landlord it's got to be reasonably clean. A moderately dirty oven, hob and extractor isn't something I would worry too much about. I'm not going to charge a tenant £75 to "professionally" clean a £180 oven, hob and extractor (google search pricing). I'll just my steam cleaner out, do it myself and get on with it.

The only real thing in this case that I would chase would be the damage to the door which can't easily be fixed by a bit of polyfilla and paint. The pulled threads from the carpet isn't nice but it'll get replaced soon enough so I wouldn't bother chasing.

Doors don't get replaced very often with a lifespan of some 25 years so I would ask for almost full replacement cost and fitting. I wouldn't ask for new door furniture re-using the existing handles and hinges.

TBagpuss

nkkingston wrote: »

If the letting agency screwed up, wouldn't they be responsible for covering the damages now rather than the tenant? They've told the tenant it's all fine, after all, so the tenant has a reasonable expectation of getting their deposit back. This might be why they're offering to hire a handyman for you.

This would be my view. The tenants can, and no doubt will, say that the agents signed off on the property and that any damage must have been caused after they left.

The agents failed to carry out a proper check and as a result, you will be out of pocket. Your loss is that amount you would have been able to claim back from the deposit had the agents done their job correctly.

That is the conversation i would be having with the agents.

You have a duty to mitigate your loss so if you insist on getting yuour own tradespeople in and this is more expensive that the letting agents handyman would have been, they could argue that they should not have to pay the extra.

Hutch100uk

I'm amazed the letting agents signed this off. I rented through a letting agent and when they did the final inspection after we moved out, she practically went round with a magnifying glass. One bulb was broken and she made a song and dance about that (even though we had previously complained about the old light fitting blowing the bulbs).

The letting agents are to blame here, no-one else.

DaftyDuck

tlc678910 wrote: »

I'm not trying to be inflammatory but genuine - do people (landlords) really not expect to clean their house between their tenants? (I definately expect to).

Edit - when people move in I want the place spotless. When they move out I'm grateful for what I can get!

Tlc

No, but it's nice for the tenant to try. Mine generally all do, but the level that perfectly decent tenants consider immaculate varies enormously. Ageist, sexist, classest, racialist, whatever criteria, I have never been able to figure out in advance who will leave a place immaculately clean, or who will think they've left it clean... Oh, historians. Now, they are all PIGS!!!

And, agree. Letting agents that I've let through, and even more so those I've rented through, go around the place inch-by-inch. I wouldn't expect a chipped wall socket or a scratched skirting escape their inspection. If they have c0cked up, and are offering to cough up, I'd claim from them.

I have two lovely ex-college cleaners, ancient but functioning, who clean my lets between tenants. Takes them about a tenth the time it took me, they do it thrice as well, and they don't charge the earth either. Their language is filthy, their humour wonderful whatever they find, and the end result is simply perfection. And they sing while they work, and they can't half belt out Dolly!

fishpond

tlc678910 wrote: »

I'm not trying to be inflammatory but genuine - do people (landlords) really not expect to clean their house between their tenants? (I definately expect to).



Tlc

No, I do not expect to clean up someone elses dirt !

nkkingston

TBagpuss wrote: »

This would be my view. The tenants can, and no doubt will, say that the agents signed of on the property and that any damage must have ben caused after they left. .

I'm assuming the agents didn't use the oven, but under the circumstances there is no reason not to believe they didn't damage the door, wall or bathroom fitting. Could have been done will checking out the tenants! They've either got to admit they did a poor job, or that they did the damage.