Inventory items missing of over £6k and deposit is 2k

BFYZ

Hello,

I am a landlord and after about 13 months of tenancy, my tenants have left by just leaving the key under the door mat.

Property was let out through an agent on fully managed basis with inventory done on check in and check out on fully furnished basis.

I have few point that I would your input on:

a) Tenants have left and owed 2.5 months of rent which they didn’t pay although it’s covered via Goodlord Policy that my agent took out at the time of inception of the tenancy. Don’t know how long will that take to come and I’m having difficult paying mortgage for past 3 months. Any experiences..??

b) There is furniture missing namely, bed along with mattress(£1600), coffee table along with 3 side tables(£1200), wardrobe(£600), 5 seater sofa set(£900), another metal bed frame(£200) with mattress (£300), dining table(£800), large living room mirror (180) and left with few damaged walls and 2 doors. Who is liable for this if deposit was only 2k and the damage is in access of 6k

c) I had buildings insurance and another insurance though agent to cover legal expense and rent protection but none of these cover contents. I was never told to add this cover or did any research in the beginning to identify needs etc. Do I have any recourse?

d) Did my Lettings Agent fail at any point on which I can pursue them for the missing items.

Short story of the tenancy is that the couple who rented it out from us never actually lives there and illegally sub let it to someone they knew and there are about 600-1000 unopened letters which I recovered from property after taking possession that were mostly demanding debt from the tenants. I since sent them all back to the sender.

Any help would be much appreciated. 

user1977

Is the £6k the cost to replace with new items? That isn't what the tenants are liable for - even if they have nicked the stuff, it's second-hand items they've nicked - you can't claim betterment.

I don't think anybody other than yourself is to blame for you not thinking about contents insurance.

Did the agents get references / do inspections? What were they meant to do under your contract with them? Might not have made any difference to the losses of course, but might have given you a heads-up about the subletting etc.

elsien

£1600 for a bed and mattress in a rented house? Is that not a tad high end for a rental? 

How long were the tenants there for -  did the agency not do any visits in that time?
If your tenants/subletters did a midnight flit taking stuff with them, I’m not sure what else you think the managing agent could’ve done with regards to the missing items. 

If you had a good inventory to start with, then your tenants would be responsible for the missing items. However that would require that you know where they are, and that they have enough money so that chasing them through court would be worthwhile.

BFYZ

I know it’s my fault that I didn’t take out contents insurance but for some odd reason, I was of the view that the agent’s insurance would cover it as in Damage to the property cover was included but unfortunately it doesn’t. It only covers building and fixtures side of it. 

References were done and came fine for both husband and wife so not a red flag although they did mention 1-2 defaults before hand but none came on references hence insurance company allowed the insurance to stay in place.
I literally bought everything in summer brand new and for a matter of fact, still paying for it on finance. Rented is out in October which was about 3-4 months on. 

I guess only route left if to go to small claims court and start a claim on tenants. This is what has been recommended to me by Lettings agent unless someone can show me another way of dealing with it. 

BFYZ

elsien said:

£1600 for a bed and mattress in a rented house? Is that not a tad high end for a rental? 

How long were the tenants there for -  did the agency not do any visits in that time?
If your tenants/subletters did a midnight flit taking stuff with them, I’m not sure what else you think the managing agent could’ve done with regards to the missing items. 

I initially decorated to live with my family but things changed suddenly and we had to leave literally 8 months after buying the property to go abroad. Bed was a high end wooden/ velvet frame along with Simba mattress rrp 2100 but got it on discount for 1600.

they stayed for a total 13 months and did not pay for last 10 weeks. 

Only 1 inspection was done 4 months on from tenancy and going back to the report, now I can see stuff was replaced and finally on last inventory report at checkout, it’s all empty.  

Lettings agent couldn’t have done anything but if I gave them the fully furnished property to rent out and they are giving me my property back after 13 months with rent arrears and stuff missing, what have I done wrong? Liability must be shared at least. 

HampshireH

It is the risk you take with letting your property out 

Has the the keys been surrendered by your actual tenants or the sub tenants 

Do your tenants know you have been in etc on the basis you believe they have provided vacant possession and ended their tenancy?

BFYZ

Agents had an email that it was being left under the mat outside the main door. They have since gone inside and it’s pretty much empty apart from the garage where some of their stuff is still left behind. I presume that would now go to the skip. 

I’m appalled that only a minimal deposit was taken against the fully furnished property. I might have to take this matter to courts as a civil dispute with the help of police report. 

welly_59

There's rules in how much deposit can be charged, which don't take into account the value of furnishings

anselld

The deposit is limited by law to a maximum of five weeks rent.  There is nobody to blame except the tenant.  Claim the full deposit and file a Court claim against the tenant for the remaining losses, though it seems unlikely you will get any payment against judgement.

CKhalvashi

BFYZ said:

Agents had an email that it was being left under the mat outside the main door. They have since gone inside and it’s pretty much empty apart from the garage where some of their stuff is still left behind. I presume that would now go to the skip. 

I’m appalled that only a minimal deposit was taken against the fully furnished property. I might have to take this matter to courts as a civil dispute with the help of police report. 

But was the e-mail by the tenant or someone else? If by someone else there may be a case against you in addition to your valid claim against them from the details given here.

The deposit is legally capped at 5 weeks rent. This is to protect tenants against bad landlords and agents. I'm not suggesting this is you but there are more of those than bad tenants from professional experience.

housebuyer143

BFYZ said:

elsien said:

£1600 for a bed and mattress in a rented house? Is that not a tad high end for a rental? 

How long were the tenants there for -  did the agency not do any visits in that time?
If your tenants/subletters did a midnight flit taking stuff with them, I’m not sure what else you think the managing agent could’ve done with regards to the missing items. 

I initially decorated to live with my family but things changed suddenly and we had to leave literally 8 months after buying the property to go abroad. Bed was a high end wooden/ velvet frame along with Simba mattress rrp 2100 but got it on discount for 1600.

they stayed for a total 13 months and did not pay for last 10 weeks. 

Only 1 inspection was done 4 months on from tenancy and going back to the report, now I can see stuff was replaced and finally on last inventory report at checkout, it’s all empty.  

Lettings agent couldn’t have done anything but if I gave them the fully furnished property to rent out and they are giving me my property back after 13 months with rent arrears and stuff missing, what have I done wrong? Liability must be shared at least. 

There is no shared liability with the agent. It's your house, your tenancy agreement. The agent could have checked it weekly and it still wouldn't have stopped them stealing the items.

The stuff is far too expensive for a rental and I understand you bought it for yourself, but this is why landlords rent it unfurnished or with cheap stuff. 

Without Contents that covers theft by the tenant you have no claim.