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Tenant Deposit and Letting Agency
Tyler119
Posts: 341 Forumite
I will try to keep this as brief as possible 
March 2015 we rent out our house as we moved to another area of the country. We had never actually moved into the property as it was at the end of a very full refurb with the addition of a fourth bedroom, bathroom doubled in size, integrated garage and utility room. Everything in the house was brand new from kitchen to decor, carpets, absolutely everything.
Fast forward to January this year and we had to make the decision (family reasons) to move back to the area, and re enter the property. We offered 3 months notice to the tenants and also said that any decor that we had authorised in writing could be left and that we would sort that ourself (slight guilt on our part for having to ask them to leave).
End of April the letting agency tells me that they did the check out process and everything is pretty good. I re enter the property 2 days later, and everything is not so good.
Master bedroom had been fully repainted without permission and to try and fix it they painted over it, with the incorrect colour and you can still see the dark paint under it.
They fully repainted the bathroom in a dark brown colour.
One bedroom wall had clearly had some sort of sticky mural put on, then removed which took all the coats of paint with it. This is probably a foot tall and you can read the original writing from it.
Another bedroom had bad stains and marks, way beyond wear and tear.
The extractor fan in the utility room was broken, including the exterior cover. The tenant clearly knew they broke it as he had purchased another one. It was a cheapo one and doesn't meet building regulations, as the original one did.
There was a burn on the carpet (livingroom), clearly from a cigarette and was right in front of where they had the couch.
The usual, grass not cut, windows not clean.
My letting agencys report was about 6 bullet points...that was it. I asked them to come back round to the house, and they refused saying they only do one end of tenancy inspection. I pointed out that they have not done a proper inspection. They also inform me that tenant wants his entire deposit back.
So I make a list up of what is wrong and the breaches of contract. It is in the tenancy agreement to make no decor changes without authorisation. I also video all the areas and take photographs. I get a quote from a decorator to fix the decor issues, and an electrician to sort the extractor fan (the electrician that installed the new electrics in the house).
I am told that the tenant thinks it is an extortionate amount to ask for fixing the decor. He disagrees with a few small things on my list but admits liability in writing for others, just not the cost of putting it right.
So I decide to reduce the cost, to offer to carry out the decor work myself, at a reasonable rate of 10 pounds per hour. I only put down a few hours for each room, even though it will probably take me quite a bit longer (not being a pro). This reduces the amount I was asking for by a couple of hundred pounds. I base my price of paint on the square mtr of the rooms and minus more money based on the fact that a good paint (dulux used) should last 5 years in the bedrooms, and 3 in the bathroom. As they had been in the property for just over a year I was deducting 1/5 and 1/3 off the cost.
There has been no response from the tenant except to tell the letting agency that he is doing a single claim. I explain to the letting agency that a single claim is when one side cannot be contacted or refuses to do anything about he deposit. I explain that a Joint claim form needs to done by both of us, and we can then agree to use the arbitration service provided by the DPS for any disputed amount.
I have also informed the letting agency that they have failed me in a considerable way by producing a check out report with just 6 bullet points. No descriptions, no notes beside the move in report and no sheets with other notes. They also took no photographs and actually made factual errors in the 6 bullet points. For example they said the tenant had painted the bathroom a neutral cream...it is dark brown....the same colour they used for a feature wall in the living room.
I feel the letting agency has left me exposed and unprotected as a landlord. Does anyone else have experience of a similar situation? Or can anyone offer advice?
March 2015 we rent out our house as we moved to another area of the country. We had never actually moved into the property as it was at the end of a very full refurb with the addition of a fourth bedroom, bathroom doubled in size, integrated garage and utility room. Everything in the house was brand new from kitchen to decor, carpets, absolutely everything.
Fast forward to January this year and we had to make the decision (family reasons) to move back to the area, and re enter the property. We offered 3 months notice to the tenants and also said that any decor that we had authorised in writing could be left and that we would sort that ourself (slight guilt on our part for having to ask them to leave).
End of April the letting agency tells me that they did the check out process and everything is pretty good. I re enter the property 2 days later, and everything is not so good.
Master bedroom had been fully repainted without permission and to try and fix it they painted over it, with the incorrect colour and you can still see the dark paint under it.
They fully repainted the bathroom in a dark brown colour.
One bedroom wall had clearly had some sort of sticky mural put on, then removed which took all the coats of paint with it. This is probably a foot tall and you can read the original writing from it.
Another bedroom had bad stains and marks, way beyond wear and tear.
The extractor fan in the utility room was broken, including the exterior cover. The tenant clearly knew they broke it as he had purchased another one. It was a cheapo one and doesn't meet building regulations, as the original one did.
There was a burn on the carpet (livingroom), clearly from a cigarette and was right in front of where they had the couch.
The usual, grass not cut, windows not clean.
My letting agencys report was about 6 bullet points...that was it. I asked them to come back round to the house, and they refused saying they only do one end of tenancy inspection. I pointed out that they have not done a proper inspection. They also inform me that tenant wants his entire deposit back.
So I make a list up of what is wrong and the breaches of contract. It is in the tenancy agreement to make no decor changes without authorisation. I also video all the areas and take photographs. I get a quote from a decorator to fix the decor issues, and an electrician to sort the extractor fan (the electrician that installed the new electrics in the house).
I am told that the tenant thinks it is an extortionate amount to ask for fixing the decor. He disagrees with a few small things on my list but admits liability in writing for others, just not the cost of putting it right.
So I decide to reduce the cost, to offer to carry out the decor work myself, at a reasonable rate of 10 pounds per hour. I only put down a few hours for each room, even though it will probably take me quite a bit longer (not being a pro). This reduces the amount I was asking for by a couple of hundred pounds. I base my price of paint on the square mtr of the rooms and minus more money based on the fact that a good paint (dulux used) should last 5 years in the bedrooms, and 3 in the bathroom. As they had been in the property for just over a year I was deducting 1/5 and 1/3 off the cost.
There has been no response from the tenant except to tell the letting agency that he is doing a single claim. I explain to the letting agency that a single claim is when one side cannot be contacted or refuses to do anything about he deposit. I explain that a Joint claim form needs to done by both of us, and we can then agree to use the arbitration service provided by the DPS for any disputed amount.
I have also informed the letting agency that they have failed me in a considerable way by producing a check out report with just 6 bullet points. No descriptions, no notes beside the move in report and no sheets with other notes. They also took no photographs and actually made factual errors in the 6 bullet points. For example they said the tenant had painted the bathroom a neutral cream...it is dark brown....the same colour they used for a feature wall in the living room.
I feel the letting agency has left me exposed and unprotected as a landlord. Does anyone else have experience of a similar situation? Or can anyone offer advice?
0
Comments
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I take it that the LA registered the deposit on your behalf?
How does the check-in inventory compare with the check-out inventory? Is it also just 6 bullet points or more detailed?0 -
I take it that the LA registered the deposit on your behalf?
How does the check-in inventory compare with the check-out inventory? Is it also just 6 bullet points or more detailed?
Hi,
Yes they registered it with the DPS. Scary thing is, I am having to tell the letting agency what they actual procedures are that should be followed.
No, the original inventory is more detailed. There is also an end comment noting that everything in the property, flooring, decor, fixtures and fittings were all new. This was also signed by the tenant (though I have noticed it was not the lead tenant).
To my face the letting agency lied to me and told me they had a detailed report from when the inspection took place. They said perhaps they had gone over the top with it. I asked the next day if I could see that paperwork, as I would need if for evidence of what I was actually claiming for. I was told they never said that to me and all they have is 6 bullet points.0 -
You say that what redecoration was agreed by writing, they could leave at is, so are you only disputing what wasn't agreed?0
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You say that what redecoration was agreed by writing, they could leave at is, so are you only disputing what wasn't agreed?
Yes, the authorisation in terms of decor was for 4 feature walls. The permission room stated which rooms, 2 kids bedrooms, living room and kitchen / diner. They did paint two wall in the kitchen, but I also left this off the claim as the wall is not that big, just above the worktop. Permission form said they had to be put back to the original colours, but we told them not too, felt bad about asking them to leave....not feeling so bad 3 months on.
No permission was sought for the decor change in the master bedroom or bathroom.0 -
I'd be advising the tenant to dispute your deductions, take it up with your agent.
they're so incompetent I'd wager they told the tenant they could redecorate freely and now the tenant is paying0 -
I'd be advising the tenant to dispute your deductions, take it up with your agent.
they're so incompetent I'd wager they told the tenant they could redecorate freely and now the tenant is paying
Well no I cannot see them doing that. The tenant knew the procedure for getting permission to decorate. They followed that for some feature walls, but not for painting entire rooms. The tenant in communication has never said he was told he could decorate freely.
It is also part of the tenancy agreement that decor cannot be changed without getting permission.
The tenant breached the contract, had three months to sort it, and now expects me to pay to rectify it. All i am asking is that the tenant fulfils his responsibilities.0 -
Well no I cannot see them doing that. The tenant knew the procedure for getting permission to decorate. They followed that for some feature walls, but not for painting entire rooms. The tenant in communication has never said he was told he could decorate freely.
It is also part of the tenancy agreement that decor cannot be changed without getting permission.
The tenant breached the contract, had three months to sort it, and now expects me to pay to rectify it. All i am asking is that the tenant fulfils his responsibilities.
But the tenant also has a document which says all is ok with the property, from your agent.0 -
But the tenant also has a document which says all is ok with the property, from your agent.
I actually never said that, I said I have 6 bullet points, one which confirms non permission decorating took place in a bathroom. True on the bullet points they missed out the master bedroom.
To be fair to the letting agency, they asked if I would accept less from the tenant and they would make up the extra 150 (presumably to compensate for missing out the master bedroom).
I said I was fine with that, but the tenant rejected that too. I have attempted on various occasions to compromise, but get nothing back.0 -
I actually never said that, I said I have 6 bullet points, one which confirms non permission decorating took place in a bathroom. True on the bullet points they missed out the master bedroom.
To be fair to the letting agency, they asked if I would accept less from the tenant and they would make up the extra 150 (presumably to compensate for missing out the master bedroom).
I said I was fine with that, but the tenant rejected that too. I have attempted on various occasions to compromise, but get nothing back.
So go to the DPS and start ADR.
I think you'll probably win, on the balance of probabilities.0 -
So go to the DPS and start ADR.
I think you'll probably win, on the balance of probabilities.
I think I will too as he has admitted in writing the decor change. He just isn't happy about paying for it to be fixed. I can understand that, but to refuse to, just seems bad character to me.
I've told the letting agency I am happy for that to happen...but they haven't done anything about it. Plus they take about 10 years to get back to me.
Thanks anyway 0
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