Property devaluation following murder

lisyloo

This may well be what the OP is referring to (office of fair trading guidelines).

In the past, it was up to the buyer to ask the questions. The seller or agent did not have to volunteer every detail about a property — their only obligation was to give truthful answers.

Now the onus is on the agent to be frank and disclose any information that could affect a decision — not only to purchase but even view in the first place.

http://www.thisismoney.co.uk/money/mortgageshome/article-2315200/Learn-new-house-rules-Estate-agents-reveal-property-problems-says-OFT.html


The office of fair trading no longer exists but it did cover the UK.


I don't know which department covers this now and clearly more research is needed but I'd be surprised if the law/guidelines etc. had gone backwards in consumer protection.

lisyloo

Debs301 wrote: »

Questions:
* can he claim on his insurance for devaluation in Property?
* could he sue the tennant as she was not in charge of the property at the time and allowed a party to carry on in her absence?

1) No. Insurance doesn't cover you for people not liking your property.


2) I am not a lawyer, but I don't think she would be found liable for not babysitting adults in the property. She's not responsible for the other person's actions. Also she's a single mother renting, do you think she has a 5 figure sum stashed away somewhere? probably not. This means that even if she was found liable, she probably can't pay you anyway.

This is very unfortunate and I feel for you, but unfortunately any loss is yours and is part of the risk of renting out.


Would you be put off by a house you knew at one time had a murder and lots of blood?
Personally I would not if it was an ideal house for my needs, but some people might be.
I think your estate agents are over-egging it a bit, but there's really only one way to find out what people are prepared to pay and that's to put it on the market.


I would be suspicious that the landlords are looking for a bargain for themselves/family/mates so be aware of early low ball offers.

theartfullodger

Only 2 n's in tenant.

The poor single mum has been through this ordeal & you're thinking of suing her? Is it only me who remembers that fundamental common value of Scottish decency?

fairy_lights

Debs301 wrote: »

Two desperate estate agents are saying is would be extremely hard to sell and we would likely be offered way below the valuation price.

They would say that, wouldn't they? Get you to put it on at a low price and get them a nice quick sale.
Certainly some people will be put off but lots of people won't care. Without getting too macabre, the woman didn't even die in the house and you're not going to be putting it on the market with bloodstains all over the walls.
I'd find a different, more rational estate agent.

FBaby

theartfullodger wrote: »

Only 2 n's in tenant.

The poor single mum has been through this ordeal & you're thinking of suing her? Is it only me who remembers that fundamental common value of Scottish decency?

You are kidding! Who has a party at their house that goes on until the next day, inviting dodgy people and then !!!!!!s off. I bet no-one who actually owns their property but who cares when you rent!

theartfullodger

FBaby wrote: »

You are kidding! Who has a party at their house that goes on until the next day, inviting dodgy people and then !!!!!!s off. I bet no-one who actually owns their property but who cares when you rent!..

No, nae joking: Why do so many landlords, whenever some problem or expense crops up, expect the tenant to pay? Greedy b&s*rds... (btw I'm a landlord, 17+ years now..)

SingleSue

FBaby wrote: »

You are kidding! Who has a party at their house that goes on until the next day, inviting dodgy people and then !!!!!!s off. I bet no-one who actually owns their property but who cares when you rent!

My ex next door neighbour.....

I rent but I care as if it was my own.

HWG

Sorry to hear about that. I imagine neither you nor the tenant want to be in this situation - I think you're right in seeking to limit your exposure to losses (as all other parties involved will do too).

Trying to recover losses from the tenant will be tricky - and I imagine it might not make you popular in the area. Personally, I do think it's unreasonable that they withhold rent, given that the flat is uninhabitable after a chain of events that started with them letting visitors party in the property without them present. But that's just my opinion.

Could you rent it out (at a discount, if necessary) to a new tenant for say, a year? To put a bit of time between the event and the property being on the market? I think there's quite a big psychological different between a property that's not been inhabited since an incident like that and one that's been lived in since.

Our old Victorian house has has three or four people die in it (albeit of old age), according to the register. Most old houses will be similar. I know it's a very different situation, but time is a key factor in how buyers feel about things like that.

Might also be an idea to see if there's a specialist company you can get in to clean it, or even renovate it? That would cushion the blow when prospective buyers hear about it.

dpearson86

You might be able to withhold the deposit due to cleaning costs as I imagine you'll need specialists in to clean it and your tenant was responsible for the party.

Other than that I don't think there is anything else that can be done, it's not normally something you can insure against (although some really old policies I've dealt with do have extensions on them regarding murder, suicide and manslaughter) . Best advice, check the policy in place, might provide cover for loss of rent and cleaning, but not for loss of value I imagine.

DoaM

lisyloo wrote: »

2) I am not a lawyer, but I don't think she would be found liable for not babysitting adults in the property. She's not responsible for the other person's actions.

Really? What does the lease/tenancy agreement say?

Maybe it is different in Germany, but DD1 is moving to a new flat in Germany and asked me (today) to check over the lease agreement. In there is a specific term about the tenant being responsible for the actions of guests/visitors that the tenant has invited into the property. (Responsible as in for any damage caused by such actions, including noise nuisance).