damianz Posted December 12, 2014 Report Share Posted December 12, 2014 Hi all, Just want to quickly say "Hi" to all, as I am new member Ok, lets move on to my problem: Had tenants for a 1year at the property. Property was full refurbished with fully equipped kitchen, bedrooms with beds, curtains and wardrobe etc. My letting agency suppose to check the property every 2months but of course they did not and they told that property is in good condition ...... . According to contract there should be no pets (but found cat litter), tenants suppose to cut the grass etc..... maintain the property to normal standard. Tenants had problems to pay the rent on time, so I told them to leave the property in 2weeks. Still not paid 100pounds Agency sent a full report of the actual condition and is not near the truth. My check: 1x chair broken 2x beds broken and so dirty (dont know how the hell can normal people sleep in it, looks like $hit to me) no washing machine carpet damaged broken fridge kitchen is black (dirty) damaged light switch (not a big deal) and stinks ... and more Agency told me, as they have no contact with tenants, so I have to wait until 30th of January 2015 for deposit 400pounds (over a month). My big question is: How can I get the money to refurbish the property ? My property has insurance (simply business ... any good ? ) and it includes accidental damage and contents. Will they pay for carpet etc ? Thanks in advance Link to comment Share on other sites More sharing options...
Mortitia Posted December 12, 2014 Report Share Posted December 12, 2014 Welcome Damianz, Did you have an inventory done at the outset of the tenancy - if not then you may struggle to recover costs as tenants will say property was like that when they moved in. Have the tenants vacated? Why are you having to wait to access the deposit? Who is it held with? Did the tenants just leave of their own accord or did you evict them? I might try and get money from the agent for 'breach of contract' in not looking after the property or say you will take legal action. Please answer the questions above. Link to comment Share on other sites More sharing options...
damianz Posted December 12, 2014 Author Report Share Posted December 12, 2014 1. I took the pictures before they moved in and I took the pictures 2days ago when they moved out, agency may have some info as well (my agency was useless, so ignore them ) 2. Tenants left the property and dropped the keys to the agency through the door (when they were closed), so agency did not know when they moved out and right now have no contact with them. Deposit is held by some "authority" etc. Dont know exactly, would have to ask again. 3. Letter was sent stating that they have 2weeks to leave the property (written by lawyer) 4. Is it possible ? They will try to tell me that they looked after it but I dont think they have any proof. When I asked about condition they told me ..... "tenants said that is cold" but of course I asked agency to check not to ask tenants Thanks Link to comment Share on other sites More sharing options...
Melboy Posted December 12, 2014 Report Share Posted December 12, 2014 Whenever you read of tales like this and they are often, don't you just expect the LA to have not carried out the right procedures on behalf of the landlord and even the tenant. I suspect we will all learn more as the story unfolds. Link to comment Share on other sites More sharing options...
damianz Posted December 12, 2014 Author Report Share Posted December 12, 2014 LA offered me to put a claim in to the Small Claims Court but of course it is not FREE and in my opinion LA did not bother to check property etc. ..... LA did not respect the contract. Charged my for nothing In my opinion LA failed and tenants as well but of course it could be prevented by LA. Link to comment Share on other sites More sharing options...
Mortitia Posted December 12, 2014 Report Share Posted December 12, 2014 There is no law that says tenants have 2 weeks to leave - I wish! Complete rollocks. Seems you got a rough type of solicitor too. As the landlord you are responsible of for the deposit - and seems you know nowt of it - you need to read up on your responsibilities Damianz. Link to comment Share on other sites More sharing options...
damianz Posted December 13, 2014 Author Report Share Posted December 13, 2014 I know it looks unreal but tenants did not pay for 2 months rents, so I had 2weeks option in this case. Normally 2months notice. Link to comment Share on other sites More sharing options...
Mortitia Posted December 13, 2014 Report Share Posted December 13, 2014 2 months in arrears means a Section 8 court order can be applied for but tenants not evicted until there has been a hearing. Did they just leave of their own accord? If you had got a court order that would have included a money claim for the unpaid rent. You need to pursue the agent. Link to comment Share on other sites More sharing options...
damianz Posted December 13, 2014 Author Report Share Posted December 13, 2014 Well, they paid most of their rent and left the property shortly afterwards but still not paid 100pounds. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 15, 2014 Report Share Posted December 15, 2014 The return of keys would normally indicate surrender. I would like some evidence, such as a written statement by the LA, on file just in case. The "no washing machine" is theft if I understand correctly. Report this to the police and record the crime number for 'if' you learn where the T's are in future. As you have no contact with the T's it seems best to get the renovations done, keep a record of the costs, just in case again. Find a decent, knowledgeable LA for re rent or do some research to know the requirements to manage yourself. As for recompense for the rest, yes get the deposit. Are there any great losses after that? I don't imagine the LA will share your view of being inept, is it worth the effort to claim from them? If the LA is holding info on your ex T's you might suggest they pass it to you so you might pursue them rather than pursue the LA. No mention of a guarantor, that could have been of benefit here. Link to comment Share on other sites More sharing options...
Melboy Posted February 12, 2015 Report Share Posted February 12, 2015 This is an interesting tale of woe that I have been following. http://www.ebay.co.uk/itm/The-Unluckiest-House-for-Sale-3-Bedroom-Terraced-House-/221688495935?pt=LH_DefaultDomain_3&hash=item339da9ff3f She has been trying to sell this proeprty for a couple of months. Lots of sympathy but no buyer at this low price. I wonder what the area is actually like for real? Link to comment Share on other sites More sharing options...
Mortitia Posted February 12, 2015 Report Share Posted February 12, 2015 Well I can tell you it is an ex pit town and consequently full of pit yackers (local terminology for in bred locals). There has bee thousands poured of ££££s poured into the area by the government but not a lot of improvement with the types that live in these ex pit houses. If you bought you'd probably end up with a DSS tenant. Sometimes these come up on Homes Under the Hammer and they go for about this price or less usually to locals who know the rental market. Don't be tempted Mel! Link to comment Share on other sites More sharing options...
Melboy Posted February 13, 2015 Report Share Posted February 13, 2015 No Mortitiia I am not tempted at all. I guessed it was a pit town similar to the Welsh valley's which I did look at a couple of years ago at looking into investing in a property. I was put off from that purchase though. This Lady has had her fair share of problems it would seem. Nobody buying though is there. I am just watching out of pure curosity. Link to comment Share on other sites More sharing options...
Mortitia Posted February 13, 2015 Report Share Posted February 13, 2015 Mel - I see there is a 3 bed house on Ebay in Swindon for £125K - could be worth a look? Link to comment Share on other sites More sharing options...
Melboy Posted February 13, 2015 Report Share Posted February 13, 2015 Mel - I see there is a 3 bed house on Ebay in Swindon for £125K - could be worth a look? I noticed that one Mortitia. Let's just say it's location location location and leave it at that. Generally speaking there is an acute shortage of houses for sale in the Swindon area and those that are coming to market are over-inflated in price by EA's. The outlying villages have always commanded a much higher premium but again a shortage of available property. The other thing that happens every 10 years is the wave effect of house price increase. As prices become unaffordable in places like Newbury Hungerford Reading buyer's start to look at Swindon as it is bang on the M4 and a quick car journey to reach the more expensive area's/ Link to comment Share on other sites More sharing options...
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