Crap end of tenancy checkout missed significant damage

isthisanonenoughforyou

Hi All,

First time landlord here renting out my property to cover the mortgage whilst I work abroad. I’m looking for some advice about where if anywhere I can make a complaint about (and ultimately force a refund for) a poorly done tenancy checkout report that missed some significant damage to my flat.

The checkout report looked ok at first glance and recorded nothing of note, however when a family member went down to clear out some items the tenants left they discovered significant damage to a bedroom wall that the tenants had deliberately hidden by piling a bunch of cushions I’d provided for outside furniture up against it. It’s going to be expensive to fix and obviously I’ll be pursuing the tenants for the damage itself, but I’m aghast that a company offering professional experience conducting these inspections completely missed such serious damage, and I think a reasonable person would agree that they’ve provided a poor service.

When I contacted them to complain and request a refund they came back essentially saying ‘whoops, sorry’, but refused a refund. 

What if anything can I now do to pursue this further? I’ve seen some info suggesting I may be able to complain to the housing ombudsman but other info seems to suggest they’re really there for tenants with problems with their landlords. 

Any advice most welcome. 

Thank you.  

El_Torro

I assume you used a letting agent? At least for the checkout report. Does the contract you have with them cover this eventuality? 

I guess you could take the letting agent to small claims court. Though if you're going to take anyone to court it would make sense to be the tenants rather than the letting agent. 

RHemmings

El_Torro said:

I assume you used a letting agent? At least for the checkout report. Does the contract you have with them cover this eventuality? 

I guess you could take the letting agent to small claims court. Though if you're going to take anyone to court it would make sense to be the tenants rather than the letting agent. 

If it's a letting agent, then complaining to the relevant property ombudsman would be possible. Before going to court. 

If it's not, then no. And, as with @El_Torro, I think it would be the tenants that are sued. However, if the tenants lie in court and say that the damage wasn't there when they moved out and there's a checkout report not mentioning it, then the OP has to have evidence/argument against that, I would think. 

Grumpy_chap

isthisanonenoughforyou said:

Hi All,

First time landlord here renting out my property to cover the mortgage whilst I work abroad. I’m looking for some advice about where if anywhere I can make a complaint about (and ultimately force a refund for) a poorly done tenancy checkout report that missed some significant damage to my flat.

The checkout report looked ok at first glance and recorded nothing of note, however when a family member went down to clear out some items the tenants left they discovered significant damage to a bedroom wall that the tenants had deliberately hidden by piling a bunch of cushions I’d provided for outside furniture up against it. It’s going to be expensive to fix and obviously I’ll be pursuing the tenants for the damage itself, but I’m aghast that a company offering professional experience conducting these inspections completely missed such serious damage, and I think a reasonable person would agree that they’ve provided a poor service.

When I contacted them to complain and request a refund they came back essentially saying ‘whoops, sorry’, but refused a refund. 

What if anything can I now do to pursue this further? I’ve seen some info suggesting I may be able to complain to the housing ombudsman but other info seems to suggest they’re really there for tenants with problems with their landlords. 

Any advice most welcome. 

Thank you.  

I am struggling to understand what type of damage this could be.  Can you share a photo?
What is the cost to remedy?

Pursuing the former Tenant would be pointless as they will simply reverence the check out report and state the damage was caused after they left.  The deposit scheme will almost certainly side with the Tenant.

Does the contract with the LA allow for you to pursue them for this type of event?

DullGreyGuy

Who did the inspection? Part of the services from the letting agent or an independent that you arranged?

You're on a hiding to no where if you try to go after the tenant, they'll just present your own report back at you saying it was fine when they left so the damage happened after. 

You will need to read the contract you signed with the agent or inspector to see what guarantees and limits to liability you agreed to. I'd be very surprised if it wasnt capped to the fee paid if it was something you arranged yourself. 

ThorOdinson

Might be difficult to go after the tenants now. They will say that the place was inspected and there was no damage.

Your word against theirs, the third party on their side and motivated to say that the inspection was done properly.

bobster2

Grumpy_chap said:

I am struggling to understand what type of damage this could be.  Can you share a photo?
What is the cost to remedy?

Was thinking the same thing. What sort of damage could a tenant do to a bedroom wall that is "serious" and would be very expensive to fix?

theartfullodger

A learning experience which will help you later.  Done any training in how to be a landlord and/or landlord/tenant law, please?

ReadySteadyPop

RHemmings said:

El_Torro said:

I assume you used a letting agent? At least for the checkout report. Does the contract you have with them cover this eventuality? 

I guess you could take the letting agent to small claims court. Though if you're going to take anyone to court it would make sense to be the tenants rather than the letting agent. 

If it's a letting agent, then complaining to the relevant property ombudsman would be possible. Before going to court. 

If it's not, then no. And, as with @El_Torro, I think it would be the tenants that are sued. However, if the tenants lie in court and say that the damage wasn't there when they moved out and there's a checkout report not mentioning it, then the OP has to have evidence/argument against that, I would think. 

The tenants have been checked out by the letting agent, they could say the damage occurred after they left?

ReadySteadyPop

isthisanonenoughforyou said:

Hi All,

First time landlord here renting out my property to cover the mortgage whilst I work abroad. I’m looking for some advice about where if anywhere I can make a complaint about (and ultimately force a refund for) a poorly done tenancy checkout report that missed some significant damage to my flat.

The checkout report looked ok at first glance and recorded nothing of note, however when a family member went down to clear out some items the tenants left they discovered significant damage to a bedroom wall that the tenants had deliberately hidden by piling a bunch of cushions I’d provided for outside furniture up against it. It’s going to be expensive to fix and obviously I’ll be pursuing the tenants for the damage itself, but I’m aghast that a company offering professional experience conducting these inspections completely missed such serious damage, and I think a reasonable person would agree that they’ve provided a poor service.

When I contacted them to complain and request a refund they came back essentially saying ‘whoops, sorry’, but refused a refund. 

What if anything can I now do to pursue this further? I’ve seen some info suggesting I may be able to complain to the housing ombudsman but other info seems to suggest they’re really there for tenants with problems with their landlords. 

Any advice most welcome. 

Thank you.  

Just tell the agent you are not happy with the service and get a new agent. Do you have contact details for the tenant?

youth_leader

My daughter is about to move to Canada and let her house out - I am interested in the reaction of your agent when you complained?  Why didn't they move the cushions?  Obvious ploy to hide something?