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landords, what happens next?

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markfj
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2009/07/30 21:18:16 (permalink)
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landords, what happens next?

Hi guys

Just a quick question

recently had some tenants in my flat (1st time of renting it out) and I paid my agents for a full management service, which included an inventory/checks before and after tenants leave

So got a letter today, stating some issues... the tenants have done some damage to the flat in lack of cleaning, chips and scratches in the floor, nothing malicious at all but still fault of theres.

We had 2 choices, release their deposit without action, or ask them to pay for cleaning/maintenance needed and then release the remaining of their deposit.

So I ofcourse choose choice 2, but they will have to sign and agree to it to, my question is what if they don agree to pay for the damage? anyone else been through this too?

Cheers

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42 Replies Related Threads

    verypc
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    Re:landords, what happens next? 2009/07/30 22:18:48 (permalink)
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    The dispute resolution service offered by the scheme holding the deposit should kick in and decide how much of the deposit is repaid.  I have a tenant too and her deposit is held with the Deposit Protection Service.  I haven't had a dispue before, but here's the guide to their procedure (each scheme will be a little different though).
    #2
    markfj
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    Re:landords, what happens next? 2009/07/30 22:27:02 (permalink)
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    Cheers for the reply

    It has listed everything that the tenant is liable replace/pay for cleaning

    There are somethings listed that are to be discussed with me, agents and the tenants whatever that means exactly I am sure to find out. So I am assuiming if they accept and sign, the work will be done, and taken out of their deposit and they will have the remainder.

    I just hope the sign!
    #3
    Blue_Lagoon3000
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    Re:landords, what happens next? 2009/07/30 22:35:01 (permalink)
    -4 (2)
    Just take the money they actually owe you for the damage and give them the rest. If they dispute it tell them to bugger off and take it to court if they want to dispute it. They wouldnt be able to afford the court fees.
    #4
    Growbaby
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    Re:landords, what happens next? 2009/07/30 22:35:41 (permalink)
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    Seriously, the good always loose out!

    We rented a house through a well known agent a few years ago... We had to follow the rules to the letter. Pre warned and agreed visits etc..
    Even though we knew that the house was being trashed we couldn't get in to prove it until the tenant agreed to a visit!! 

    In the end tenants caused more damage than the deposit would have covered anyway… Yet still the agent returned the deposit to tenant.

    Legal costs would have just ended in a bigger hole in bank account!

    The good always loose out now days!
    #5
    markfj
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    Re:landords, what happens next? 2009/07/30 22:39:37 (permalink)
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    Blue_Lagoon3000

    Just take the money they actually owe you for the damage and give them the rest. If they dispute it tell them to bugger off and take it to court if they want to dispute it. They wouldnt be able to afford the court fees.


    lol, its not that easy

    they dont give me the deposit, its handled through someone, through the estate agents... just in case something goes wrong, which it may not have yet


    #6
    markfj
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    Re:landords, what happens next? 2009/07/30 22:41:17 (permalink)
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    Growbaby

    Seriously, the good always loose out!

    We rented a house through a well known agent a few years ago... We had to follow the rules to the letter. Pre warned and agreed visits etc..
    Even though we knew that the house was being trashed we couldn't get in to prove it until the tenant agreed to a visit!! 

    In the end tenants caused more damage than the deposit would have covered anyway… Yet still the agent returned the deposit to tenant.

    Legal costs would have just ended in a bigger hole in bank account!

    The good always loose out now days!


    Thats ****e mate... can I ask what agents that was?!

    Also I have to sign before they get their deposit back, I am not signing it until problems are solved!
    #7
    Growbaby
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    Re:landords, what happens next? 2009/07/30 22:44:55 (permalink)
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    Problem is that the agent is ALWAYS on the tenants side..

    The "Politically Correct" laws seem to always leave it wide open for the landlord to be scr*wed.

    If your pockets are deep enough and pride is an issue then fight it in court... You will probably win 2 years or so later - And to what do you win when the tenant isn’t financially able to pay you?

    Risk vs. Reward
    #8
    Growbaby
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    Re:landords, what happens next? 2009/07/30 22:47:25 (permalink)
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    markfj

    Growbaby

    Seriously, the good always loose out!

    We rented a house through a well known agent a few years ago... We had to follow the rules to the letter. Pre warned and agreed visits etc..
    Even though we knew that the house was being trashed we couldn't get in to prove it until the tenant agreed to a visit!! 

    In the end tenants caused more damage than the deposit would have covered anyway… Yet still the agent returned the deposit to tenant.

    Legal costs would have just ended in a bigger hole in bank account!

    The good always loose out now days!


    Thats ****e mate... can I ask what agents that was?!

    Also I have to sign before they get their deposit back, I am not signing it until problems are solved!


    Castle Estates - Rotten Eggs!
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    erekose
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    Re:landords, what happens next? 2009/07/30 22:48:20 (permalink)
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    Growbaby

    Problem is that the agent is ALWAYS on the tenants side..



    Really? That's certainly not my, or anyone else's experience of renting that I know. 


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    erekose
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    Re:landords, what happens next? 2009/07/30 22:49:19 (permalink)
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    As for the actual question:  how much damage? 
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    verypc
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    Re:landords, what happens next? 2009/07/30 22:53:54 (permalink)
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    markfj

    Cheers for the reply

    It has listed everything that the tenant is liable replace/pay for cleaning

    There are somethings listed that are to be discussed with me, agents and the tenants whatever that means exactly I am sure to find out. So I am assuiming if they accept and sign, the work will be done, and taken out of their deposit and they will have the remainder.

    I just hope the sign!


    That sounds right - you'll just to know who much the work will cost so that you can say you want that amount deducted from the deposit.  Remember to stick to any deadines in the procedure for replying.

    Growbaby

    Problem is that the agent is ALWAYS on the tenants side..



    I share your frustration about agents - from experience as both a tenant as a landlord!  However to be fair if the agents are holding the deposit then they have to do that wearing a different hat and be unbiased and professional.
    #12
    markfj
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    Re:landords, what happens next? 2009/07/30 23:08:25 (permalink)
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    They havent done any major damage

    My problem is this though:

    My previous tenants moved out on the 26th July, new tenant moved in 28th july, our agents did the check sometime then, and new tenant is living in my flat, which isnt clean and has some damamge, so I as the landlord am not happy about this, and I met my previous tenants personally and they should have had more respect!

    The agents are a big company, and to be fair are on the ball and they have sent this letter, because we paid them to carry out the checks before and after and they have listed all the problems found now, that werent there previously, so credit to them on that.

    I don think out agents will try to screw us, we could easily use another agent if need be, but I would do that, will see how we get on!

    Cheers VERYPC I have no idea how much it will cost personally I havent seen the damage, not a huge amount I doubt! I am guessing our agents, gets quotes for the work and take it from there

    Cheers for the replies guys!
    #13
    Mouser
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    Re:landords, what happens next? 2009/07/31 00:07:54 (permalink)
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    A flat my mum lets has just had one lot of students move out.  They had left the place in a bit of a state, food in the fridge/freezer, clothes in the washing machine, broken sofa and one bed.

    All we got was a letter from our agents stating that the issues had been resolved, the money deducted, the remainder repaid and that they had full photos of before and after should any dispute resolution be raised.  This is the service you should be getting, the agents shouldn't be coming to you for mundane stuff like this unless the cost is in excess of the deposit.

    Edit: She also recently won (well dispute resolution went in her favour) a small claims court action against the previous agents.  This is in Leeds, and I don't really want to name them here for the sake of MT, but they're well known as being sub-standard agents... 4 letter name.  They had withheld hundreds of pounds of the deposit for themselves for no reason at all and tried to charge a ludicrous (£210) check out charge, which when you look at it could have been better filled in by a monkey with ADHD tripping on acid.  The ex-tenants are trying to recover some more via the courts, after which details will be passed around to the press/student bodies/HMRC.
    post edited by Mouser - 2009/07/31 00:12:49
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    markfj
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    Re:landords, what happens next? 2009/07/31 00:19:43 (permalink)
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    Cheers mouser

    I think, the reason they conatcted us is we had two choices:

    1. Release their deposit, nothing else done
    2. Release their deposit, only after things are paid for

    so I think legally the way they work, they had to contact us and ask, stupid I know because obviously we chose option 2
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    JK2
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    Re:landords, what happens next? 2009/07/31 02:08:50 (permalink)
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    Blue_Lagoon3000

    Just take the money they actually owe you for the damage and give them the rest. If they dispute it tell them to bugger off and take it to court if they want to dispute it. They wouldnt be able to afford the court fees.


    Bollocks.

    I've taken landlords to court and got my deposit, plus fees, plus interest back

    You don't half spout a load of misinformed shît.


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    JK2
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    Re:landords, what happens next? 2009/07/31 02:11:02 (permalink)
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    erekose

    Growbaby

    Problem is that the agent is ALWAYS on the tenants side..



    Really? That's certainly not my, or anyone else's experience of renting that I know. 


    I totally agree.

    Letting agents are worthless scumbags.

    Why they exist is a total mystery, but, regardless, the notion that they're 'on the side of the tenant' is beyond risible.


    #17
    JK2
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    Re:landords, what happens next? 2009/07/31 02:13:24 (permalink)
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    erekose

    As for the actual question:  how much damage? 


    Someone probably stood on a carpet or left a fingerprint on a light switch.

    £350 deduction should cover that.

    #18
    markfj
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    Re:landords, what happens next? 2009/07/31 02:50:55 (permalink)
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    sorry mate, dont know if that was a stab at me?!

    The damage

    Chips in paint/wood in bedroom (how big I dont know, doesnt state)
    Cracks in floor of the shower floor
    Deep Scratches/Gauges on living room floor

    were the only ones I would consider as more serious the others are not bad at all, but more of something that should have been done anyway:
    Dirty worksurfaces
    Cat hairs left on sofa (didnt even know they had a cat)
    Stains on bathroom ceiling (dont know what stains)
    Fridge freezer has food in it

    Look, I know these arent major things.... as I stated in my original Post there is no malicious damage, but things the Tenants should have done, and agreed to do in the initial agreemet, hence why we got this letter in the 1st place.

    I am not trying to rob anyone, just get the damages, they caused paid for, by them... lack of cleaning doesnt bother me as much as deep scratches and gauges on a floor 6 months old!

    #19
    gingernut
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    Re:landords, what happens next? 2009/07/31 08:38:43 (permalink)
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    Am I correct in remembering some months back there was a thread on here by someone who had been a tenant and was now having trouble getting his deposit back?His agent was claiming all sorts of damage that didn't occur or was wear and tear. The lad posting was really miffed.
     
    If so, haven't we short memories in now saying the landlords/agents always side with tenants?
     
    Personally at my last place I was so worried having heard horror stories that I payed £250 for professional cleaners to come in, did everything inside and out including carpets. Also replaced a table with one of far superior value simply because I couldn't find one as cheap and nasty as the one I'd damaged (basically that was worth about £10 new and the nearest I found was £50). Also replaced padlock on parking space and a few other items I'd never known exist. Oh and a new good standard cutlery/glasses set since the plastic handled Woolworths ones fell apart during the 2 1/2 years I was there. Historically landlords tend to claim for anything but surely it's not fair to expect the property to stay in pristine condition for ever. If they lived in it themselves it wouldn't stay like that.

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