Tenant left my property in poor condition - how long does it take to receive funds?

Bobby_Peel

Hi,

A tenant left my property in poor condition after being in it for 4 years. I've probably got off lightly compared to soon but I had to spend a fair amount so the next tenant could move in.

To be honest, my letting agency haven't been the best and a number of the items may of been picked up had they done thorough checks over the years and they've lied to me about this process.

Last week they said it's all been sorted and I would be getting the full amount and it would be confirmed by email. This hasn't happened so I asked for an update and I received the following email today:

“Dear *****,

 

I hope this message finds you well.

 

I wanted to provide you with an update regarding the security deposit for the property. Our inventory team has informed me that the security deposit has gone into the disputes process. As a result, we will have to await the decision from the relevant authorities, which may take a couple of months.

 

This is a standard procedure to ensure that the security deposit is handled fairly, and any disputes are resolved in a transparent manner. While the process may take some time, it is designed to protect the interests of all parties involved.

 

Rest assured, we will keep you informed of any developments in the case, and we will work diligently to ensure that the matter is resolved as efficiently as possible.

 

If you have any questions or concerns during this process, please do not hesitate to reach out to us. We are here to assist and provide you with updates as they become available.

 

Thank you for your understanding and patience as we work through this matter.

 

Kind Regards”

 

Does anybody have any experience in how long this process should take and the steps involved?

Also, now I have a new tenant in place, am I able to look for another letting agency? I pay them a monthly management fee which I think is a joke as I seem to be doing most of the managing.

Thanks 

Richard1212

The disputes process must take no longer than 28 days, as I understand it, so your letting agency is misleading you yet again by telling you it can take months. You should make sure you submit your evidence to the adjudicator in case you lose the decision simply because nobody informed you about the need for your evidence---photos would be good but any and all statements from you is essential for the adjudicator to get your side of the story. Don't let the ex-tenants win by default just because you failed to provide evidence and statements-----and handle that latter aspect quickly because an adjudicator can take less than 28 days fairly often.

It's a common tale of tenants leaving properties in a bad state, usually when the owner has not arranged regular checks and visits by their letting agent ( and some owners do not have an agent at all !). But you appear to have taken the necessary steps and simply been let down by an awful letting agent, who you should now be thinking of taking action against in respect of their neglect , your distress and in getting any fees returned from them.

Good luck with the adjudication ruling. Change agents and ask for a written report each year ( or even 6 months) re the state of your property from the new agents that you choose, so there can be no doubt that they are doing their job correctly. I am fortunate enough to have agents who care about my properties as much as I do but years ago I did search and vet those agents very carefully. All the best.

35har1old

Richard1212 said:

The disputes process must take no longer than 28 days, as I understand it, so your letting agency is misleading you yet again by telling you it can take months. You should make sure you submit your evidence to the adjudicator in case you lose the decision simply because nobody informed you about the need for your evidence---photos would be good but any and all statements from you is essential for the adjudicator to get your side of the story. Don't let the ex-tenants win by default just because you failed to provide evidence and statements-----and handle that latter aspect quickly because an adjudicator can take less than 28 days fairly often.

It's a common tale of tenants leaving properties in a bad state, usually when the owner has not arranged regular checks and visits by their letting agent ( and some owners do not have an agent at all !). But you appear to have taken the necessary steps and simply been let down by an awful letting agent, who you should now be thinking of taking action against in respect of their neglect , your distress and in getting any fees returned from them.

Good luck with the adjudication ruling. Change agents and ask for a written report each year ( or even 6 months) re the state of your property from the new agents that you choose, so there can be no doubt that they are doing their job correctly. I am fortunate enough to have agents who care about my properties as much as I do but years ago I did search and vet those agents very carefully. All the best.

You may not get the full amount of deposit refunded to you
 How many months is the deposit currently 
You next tenant  will only have to have 1 month deposit guarantee 

Richard1212

I do not understand 35har1old's post.

_Penny_Dreadful

Bobby_Peel said:

Hi,

A tenant left my property in poor condition after being in it for 4 years. I've probably got off lightly compared to soon but I had to spend a fair amount so the next tenant could move in.

To be honest, my letting agency haven't been the best and a number of the items may of been picked up had they done thorough checks over the years and they've lied to me about this process.

Last week they said it's all been sorted and I would be getting the full amount and it would be confirmed by email. This hasn't happened so I asked for an update and I received the following email today:

“Dear *****,

 

I hope this message finds you well.

 

I wanted to provide you with an update regarding the security deposit for the property. Our inventory team has informed me that the security deposit has gone into the disputes process. As a result, we will have to await the decision from the relevant authorities, which may take a couple of months.

 

This is a standard procedure to ensure that the security deposit is handled fairly, and any disputes are resolved in a transparent manner. While the process may take some time, it is designed to protect the interests of all parties involved.

 

Rest assured, we will keep you informed of any developments in the case, and we will work diligently to ensure that the matter is resolved as efficiently as possible.

 

If you have any questions or concerns during this process, please do not hesitate to reach out to us. We are here to assist and provide you with updates as they become available.

 

Thank you for your understanding and patience as we work through this matter.

 

Kind Regards”

 

Does anybody have any experience in how long this process should take and the steps involved?

Also, now I have a new tenant in place, am I able to look for another letting agency? I pay them a monthly management fee which I think is a joke as I seem to be doing most of the managing.

Thanks 

Which scheme is the deposit registered with?

The tenant lived in the property for 4 years, was everything that has been damaged in the property brand new at the start of the tenancy or had it been there for a while? You’re not entitled to betterment so say an item of furniture had been damaged by the tenant and the item of furniture was 6 years old and had a life expectancy of 10 years you would only be entitled to 40% of its value (10-6)/100. 

What does your contract with the letting agent say about how and when the contract can be ended? As they’ve just found and installed a new tenant for you I would expect the fees to exit the contract to be high. Whilst you found their service to be poor it can’t have been that poor if you asked them to find a new tenant for you. 

housebuyer143

This screams to me as an agent who can't be bothered to negotiate the deposit or they feel there is no point and is just going to adjudication. I worked in deposits for years and we were able to amicably return 99% of deposits without going to arbitration. Anyway, you will actually want to ensure they submit evidence and that you have the opportunity to do so as well. Many letting agents simply don't care are put minimal effort into such an important claim. Experience shows me that if you don't put much effort in, many things that are ambiguous have more chance of going in the tenants favour. 

From the date the case was raised with dispute they have 28 days to make a decision. I would check with your agent:
1. When was the dispute raised and who was it raised by? 
2. When is the deadline to submit your evidence. They normally have 14 days to do this. 
3. Details of how you can submit your own evidence, if they don't know find out the scheme and call the scheme and ask. 

You should be able to move from their service with appropriate notice based on your t&C's.

Grumpy_chap

housebuyer143 said:

This screams to me as an agent who can't be bothered to negotiate the deposit or they feel there is no point and is just going to adjudication.

I wonder whether the latter is the most likely (no point, so straight to adjudication).  I would assume, when the LA sees that the case is fairly cut-and-dried for LL or T to have the full deposit, but the "unsuccessful" party is adamant, using the adjudication process might well be the most efficient method to bring things to a close.

We have very little information from the OP as to what the state of the property was left and what needed to be done to make ready for reletting:

Bobby_Peel said:

A tenant left my property in poor condition after being in it for 4 years. I've probably got off lightly compared to soon but I had to spend a fair amount so the next tenant could move in.

What is the nature of the factors that result in the "poor condition"?
What was the "fair amount" that needed to be spent?

If the OP provides more detail on these factors, members of the forum may be able to comment as to reasonableness.

After a 4-year tenancy, I would certainly expect to need some work to prep back to a high standard to remarket even just to reflect fair wear and tear.  Plus, I might do a bit more as easier to do in the natural void than after the new tenants have moved in.