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Comments
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At the end of the day you are the leaseholder and it is your lease which will make it your responsibility. Ultimately you are responsible for subletting it and therefore the management of your tenants.
Whatever happens this is your responsibility to pay.
Whether you can seek reimbursement for the costs from the deposit is another matter and one to pursuse.
If the tenancy agreement your tenants have doesn't reflect the terms and conditions of your lease then that's a mistake on your part.
If for example your lease states you are responsible for keeping in good repair the area outside your flat but you have failed to include anything about the external entrance area in the tenancy agreement then you will just need to take it on the chin.
What is the damage and how can they prove it was caused by your tenants.0 -
The first thing you should do is read your contract with the freeholder. This will be the lease under which you bought the property. This will tell you whether you, as the leaseholder, are liable for the damage.
The second thing you should do is read your contract with the tenants. This will be the tenancy agreement under which your tenants occupy the property - the estate agents should have a copy. This will tell you whether you can bill the tenants for the damage.
You should not assume that anything you are being told is correct. Find the relevant clause in the contracts and read it.
My instinct is to think that your estate agent is wrong. I imagine the tenancy agreement will contain a clause about taking care of common areas. But you need to read it to check.0 -
The management company charges you - if your lease/contract with the freeholder/management company allows for it.
You charge the tenant - if your contract allows for it.
If your lease allows for you to be charged but your contract with the tenants does not, then you pay it.
That is how contracts work.
It sounds like you are going to foot the bill for this going off what you have said.
On a side note (although I appreciate its not the best time), if you are a landlord, you are running a business. You should have some understanding of your contract with tenants and the letting agents and add in/remove anything that you think is important. Dont leave everything to the agents, because when the proverbial hits the fan, you will be the one left to sort it out.I am a Mortgage AdviserYou should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
ileven1225 wrote: »Hi everyone,
I have asked a state agency to fully managed my property in Cardiff Bay. - to clarify, are you renting directly to the tenants, with the 'state agency just acting as your agents,
or are you letting to the 'agency' who are subletting to the people living there? The property is rented out for 12 months until the 1st June 2018, so it nearly finishes. Recently Warwick, who is the management company for the entire building (covering cleaning, maintenance of externals, watering grass, pavement, etc), has told me that the tenants damaged external wall and stairs during their move-out. The wall and stairs are outside my property. - what proof do they have that your tenants did the damage?
Warwick told me that as a landlord, I am responsible for the damage as Warwick could not legally charge the tenants. However, as Warwick has contracted with me (not tenants), I can be legally charged. What does your head lease / agreement with Warwick state about damages to communal areas? Does it state you nor anyone you permit into the flat must not damage? If so then you are in breach of this, and are liable to Warwick.
However I think Warwick could also sue the tenants directly as strangers who have damaged their property. I need to deduct the cost from their rent in order to pay for the damage. Yes, assuming your tenancy agreement provides for this - likely it will. You can deduct from deposit.
I got opposite response when I consulted with the state agency, they told me that as the tenancy contract only covers internals, for any external issue Warwick needs to contact the tenants directly. - Read the tenancy contract yourself. It likely states the tenants must not cause damage to the building.
My question is who is right? I don't have any contact or bank details from the tenants. - Then demand this from the agency. They work for you. The state agency take full management. I can not contact the tenants and ask them to pay for it. I don't think I should be involved in the conversation at all. - Assuming the 'state agency' are just agents,
they are irrelevant other than as a contact point. Your claim would be against your tenants.
Legally, what should be done?
Thanks everyone in advance!
Dawei
Either is possible - Warwick can claim off you for you / your guests damaging the property, and you can claim off your tenants for incurring a loss to you, or Warwick can claim off your tenants directly as strangers who damaged the wall.0 -
I don't see how Warwick can hold OP responsible.
If I went there and damaged the stairs, would they hold OP responsible?
The fact that the Ts have a tenancy contract with OP is irrelevant. OP is not responsible to Warwick for their actions in damaging Warwick's property.
If the tenants next door to me damage my house, I can't claim from their Landlord can I?0 -
Does Warwick have proof it was your tenants who damaged the wall? If not, tell them (politely) to do one, and if they disagree then they are welcome to take you to the small claims court.0
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19lottie82 wrote: »Does Warwick have proof it was your tenants who damaged the wall? If not, tell them (politely) to do one, and if they disagree then they are welcome to take you to the small claims court.
Are they even listed on the inventory?0 -
The external areas would not be mentioned on the inventory no, and in that case I can’t see the OP being able to make a deposit deduction.
IF there is proof that the tenant damaged the wall then the OP would have to pay and then in turn, claim the costs back from the tenant, outwith the deposit scheme (small claims?).0
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