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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
Originally posted by ileven1225
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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.