Tenant trashed property - what can I legally do?

[taffy36]

My tenant of three years recently vacated my property in a moonlight flit. The letting agents have quoted £4500 to get the property back to a rentable state. The tenant has also taken some of my posessions and also owes a substantial amount of rent..

 

The property was looked after by a letting agents who seem unmoved by the damage and loss to me - they have just advised that I cannot really do anything as the law gives power to the tenant.:o

 

Has anyone out there had a similar experience that has a happy ending or am I supposed to just let her and her boyfriend get away with it?

[onemoretime]

did the agent take a guarantor as a safety net? did they take a deposit.

 

if you did have a guarantor you can sue them for the damages. Also you MAY get lucky and the tenants seek references or employers might ask the agents for a reference.

[taffy36]

Thank you but she paid a deposit!!! She is now DSS so no chance of her getting a job in the near future

 

Thanks again for the response!

[JOSH_IOU]

Taffy i would imagine the deposit covers damages made by the tenant.

 

You must apply to the tenant for the release of the deposit though.

 

As the deposit belongs to the tenant and not yourself as the landlord.

[Aequitas]

Taffy i would imagine the deposit covers damages made by the tenant.

 

You must apply to the tenant for the release of the deposit though.

 

As the deposit belongs to the tenant and not yourself as the landlord.

 

Whilst it is true that a deposit belongs to a tenant, the tenant's consent is not required to draw on it if the tenant is in default. If that were the case deposits would be useless as security.

[taffy36]

Ironic isn't it... she breached her tennancy agreement, took my posessions, her boyfriend trashed my house to the extent of £4.5K, she owes rent and I should request her permission to draw on the deposit that is not even a 10th of the damaged caused...

 

You have to admit that is pretty funny given the circumstances...

 

Thanks for your posts guys, but are there no laws that protect the Landlord, in circumstances such as these?? Having Laws in place to only protect the tenant does not seem balanced to me??

[JOSH_IOU]

Common sense protects the landlords.

Did you get a lawyer to handle the tenancy?

Was it insured?

Did you have an agent?

 

You said they trashed the place.

 

Did you go around regularly to asses the damage?

Did you make any attempts to repair the damage while they were in the property?

[taffy36]

I am currently living in China, so figured I would be safe with a national estate agent managing my property and also collecting the rent - it is a bit far for me to come home each month;)

 

However, since the event, that I only found out about by accident, they have managed to defelct any responsibility they have with 'the I am sorry we have lost all the paperwork and are too busy to sort out the issues' approach..... It took a month to get the locks changed even thought they had in writing from the tenant she was not coming back - this was at my assistance

 

All repairs that needed to be done were done in timely manner and at my expense if the letting agent advised I was responsible (whilst the tenant was in the property)

 

It just seems to me that the tennant can walk away from the contract owing me rent & repair costs and I cannot do anything as the letting agents advise the laws are stacked in her favour

 

To add insult to injury, they have also advised that my files, itinery etc when I left the UK 18 months ago have been mislaid - the management and full team there seem to change every week!!

 

Yes I am in the process of making a formal complaint, but feel there must be additional action I can take mitigate my losses. I have also contacted my insurance company.

[taffy36]

I should at this point advise my definition of trashed. New carpets 18 months old mst be replaced, all floor coverings, new bathroom suite & tiling, new doors, whole property deep cleaned and redecorated (2 skips worth of rubbish I am told) Aparently her boyfriend has a bit of a temper and smashed up a few things in rage I believe! To date I have still not had official photographs/quotations from contractors and it is over a month since she left!

[JOSH_IOU]

Amazing you can access this site in china?

 

Regarding the paper work make a Data protection act request.

 

Things like carpets upholstery if it was negligence by the tenant then the tenant must live up to there end of the agreement.

 

Why were the locks changed?

[Aequitas]

...she owes rent and I should request her permission to draw on the deposit that is not even a 10th of the damaged caused...

 

No need to ask for her permission.

[JOSH_IOU]

Was the deposit registered with a deposit protection scheme?

[demon_x_slash]

I am assuming that you don't know where she has flitted to? If you manage to find out, you can always make a civil claim against her for anything that the deposit doesn't cover - as long as you can reasonably convice the judge that the property wasn't already in that condition with, say, an inventory or photographs. If it was truly trashed then that shouldn't be too hard to believe.

[taffy36]

Josh IOU - I managed to access the site as I have a UK laptop - still cannot access BBC news though!!! Censorship city over here! Do you know if I can obtain a 'data protection act' from the letting agent or if I need to get a solicitor?

 

I asked for the locks to be changed one month after I found out she had left, the letting agents have been awful, not responding to emails etc and one of my old neighbours advised she had been in and out of the property taking my posessions!! I was told that legally I was allowed to have the locks changed as she had said in writing that she was not coming back to the house - hope I did the right thing!!! A problem with being so far away!!!

 

The thing that confuses me is how do I get her to live up to her side of the contract? She is now DSS and has nothing to give? Of course I feel she should be made to pay, but the letting agents say there is nothing I can do (well that is when they respond to my emails and telephone calls!!!)

 

Demon X Slash - I think I have photos of the property before she moved in - it was beautiful the day I left it (not just saying that because it is mine!!!) Also I think I can find out where she lives quite easily I think she is still in the same village! Do you know how I go about making a civil claim against her?

 

Aequites - Thanks for that, I had nightmares that she would be able to get her deposit back!!!

 

Do you know if there is anythig I can do about the letting agents not monitoring this situation, I did tell them about it, but they keep changing team members so all my records have conveniently been lost and having checked again I only have one interium report from them when I should have three!!!!

 

Sorry for all the questions and thanks for your responses and details - I look forward to your responses. if you have any questions about China - fire away!

[JOSH_IOU]

Hi Taffy.

 

You might want to try what is called a Proxy Address.

I am more than certain Chinese Ip Address's are not allowed to access the BBC website. anyhoo

 

You do have that right to change the locks since your many miles away. Its the only way you can protect your property.

The debt is now classed as a priority debt and depending on her situation she may not have to pay up just yet.

 

Did you ask her to leave or did she leave voluntarily?

[demon_x_slash]

The only reason the OP had the right to change the locks was because the OP had the tenant's acknowledgement in writing that said had abandoned the property. If the OP had not had this acknowledgement, changing the locks would have been a possibly risky procedure, as the tenant could have later claimed unlawful eviction.

 

Taffy, you need to begin working out exactly how much that this has provably cost you to rectify. Supporting evidence would include before and after pictures of damage, invoices from companies brought in for repairs/cleaning, sworn statements from managing agents, etc.. Include an amount for your own time spent in rectifying the problems and collating evidence for your claim, at £9.26 per hour.

 

Deduct the amount of the deposit from the final total (as I am presuming that you have possession of the deposit because of the state of the place - if not the case, you need to have Serious Words with your managing agents post haste as to why you haven't had it). The amount you are left with is the total for your court claim. Making a civil claim is an easy process as long as you have the fortitude to meet it head on - it is easy to confuse the civil court with the criminal, and therefore feel intimidated - but as long as your claim is under £5000, it would be heard in Small Claims, which is just like giving a debate presentation in front of a headmaster. Both sides get to make their points, and deliver their evidence, and then the judge decides on the balance of probability who s/he believes. Neither side is liable for the others' legal costs except in unusual circumstances.

 

May I repeat Josh_IOU's question above, and ask if the tenancy began before or after April 6th 2007, and if after, if the deposit was subsequently protected in a Tenancy Deposit Scheme?

[taffy36]

Nei how:)

 

The tenant left mid tenancy without my knowledge - I found out by accident as the letting agents never informed me until I contacted them with another house query (we have two houses on the same street with the same letting agents!)

 

My mother is concerned that if I take the legal path I will end up with more debt as the tenant has now become unemployed...... The tenancy began June 2004.

 

I think that she should be responsible for the mess of my house and also the costs to rectify the damage.

 

Also to add insult to injury, the letting agents have advised that our other house's tenant has left owing rent of £163 but as this is below their rental protection insurance mimimum claim of £220 - they failed to mention this 18 months ago!!

 

Do you think, there is anything I can do to make the letting agents take responsibility for their mistakes?

 

Thanks again for all your help and advice !

 

Taffy

[JOSH_IOU]

Hi taffy

 

Its the Duty of the landlord to check if the tenant can afford the rent payment's. This would be a first question you should ask when accepting a tenant. Can the tenant afford the rent?

 

A letting agency will most likely only handle the viewings and valuations of a property. I assume this is what they have done.

 

If your letting agent registered the deposit with a deposit scheme then you should apply to the people who hold the deposit. But you should only deduct the amount the damage costs you from the deposit. I wouldn't charge interest as the tenant could claim this back as a penalty charge.

 

You should check that with who ever accepted the deposit.

[demon_x_slash]

May I repeat Josh_IOU's question above, and ask if the tenancy began before or after April 6th 2007, and if after, if the deposit was subsequently protected in a Tenancy Deposit Scheme?

[taffy36]

Hi - the deposit was taken in May 2004 & increased in October 2006.

 

Strange we had the locks changed over a week ago and the tenant has just contacted me asking why this has been done and also that she was going to leave the house spotless as promised.

 

I get the feeling she needs access to the house for some more items - I have seen photos for the first time yesterday she has left a lot of things in there!!!! None are of any monetary value, just aged fridge, freezer, washing machine.... she has also left a kitchen full of clothes I think maybe she wants to do her washing for free - that is what she is like!!!!!

 

Legally do I have to give her access? My other half has suggested if she wants access she has to pay an additional bond that she will get back as soon as she fulfills her legal obligations to the contract - ie leaves it as it was when she moved in. We just want to protect our property and also try and make sure we don't have to pay more for additional damage

 

I have sent her an email asking her for a telephone number to talk to her and also that she should contact the letting agents if she needs access to the property - I just hope they do the right thing and make her clean up!

 

Help again please!!

 

Thank you

 

Taffy!

[JOSH_IOU]

Did you serve her notice?

[taffy36]

hummm not sure about that one... The letting agents initially said I could not change the locks because they had not contacted her and they would have to serve her notice that could take about one month.

 

However, I sent her an email and she responded saying she had left the property because she could not pay the rent and she was sorry.. etc etc.

 

I forwarded this to the letting agents and they advised that since she had advised in writing she was not coming back that they could change the locks, they gave her two weeks to come back and collect her posessions and clean up as per her promise.. she did neither.... Although I am currently unsuccessfully trying to ascertain if they gave her written notice of this fact - they had her sisters contact address, tenants email and telephone number at this time.

 

You know the more I look at this the more annoyed I get with the letting agents.. am I allowed to mention their name on this website so would be landlords know that one of their offices is incompetent??

 

Taffy

[JOSH_IOU]

Is there anything in your contract that says contact must be done in writing?

 

I.e. by recorded delivery.

[gemspan]

Hi there

 

Im so sorry to hear about what has happened to your property. It must be very worrying for you being so far away.

 

IMO it is the letting agents at fault here as they have not "managed" the property properly. Have a look at your original agreement with them. It will state exactly what they will do for the 1.5% etc., per month of the rental value.

 

Normally properties are inspected on a regular basis. If this was done then it would have been clear that the tenant was not taking care of the property and that there was damage. This should have been rectified at the time and YOU should have been informed. The fact that they have lost your file is of no relevance. You only have one inspection report when you should have had three! Therefore they have not inspected the property as they should have done and hence have not kept to their side of the contract. It is up to their insurer to get this remedied and I would press this point home to them in no uncertain terms. If they try to wriggle out of it then threaten them with a solicitor.

 

Of course Landlords have rights. If they didnt then all tenants could go around trashing properties willy nilly!!! This seems to me as if you could contact the police too if it is wilfull damage and not just damage done by living there. Its absolutely appalling the treatment you are receiving from the people who are taking money from you to manage the property and effectively look after it while you are out of the country.

 

I would also like to bet that the letting agents paid money into your account so that it fell below the £200 guaranteed income!!!!

 

I would suggest the following:

 

Get a copy of your original agreement with the managing agents and send them an email advising them that they have not kept to their side of the contract and hence you believe that THEY are responsible for the cost of the damage. One of my friends did this and the letting agents' insurance had to pay for damage.

 

In no circumstances should the ex tenant be allowed into the property unaccompanied. The letting agents should also be responsible for making sure that SHE cleans the property thoroughly and repairs as much of the damage as she can. Then the letting agents pay for the rest and send HER the bill.

 

The deposit, as security, surely can be used to off-set some of the cost of the damage as effectively you cannot rent this property out again until the damage is repaired. This is affecting your income and this is exactly why you hire managing agents to make sure that this sort of thing doesnt happen.

 

Was the tenancy in the sole name of the woman or was it in joint names of her and her boyfriend. If in both then sue both of them for the cost. Get the managing agents to take photographs of all the damage now, then when she has "cleaned" the place and use them as evidence against the photographs you took of the property when you left.

 

If letting agents look for tenants and this is part of the agreement with the landlord then they are responsible for making sure that the tenant is able to afford the rent. They normally ask for bank references; do credit checks etc., Was this part of their agreement with you?

 

Finally, a company that is taking money from you to manage their property simply cannot wash their hands off it when things go wrong. Their liability remains during good times and bad. That is part of the reason you pay the money for them to manage this.

 

I hope this gives you some ideas on what to do now. You should make all the investigations as soon as possible and dont let her into the property unaccompanied.

 

Good luck

Gemspan

[demon_x_slash]

Had a few glasses, so I will attempt to make some sort of sense...

 

You must send her a letter by Signed For delivery stating that she has left possessions in the property that she legally vacated (list these possessions) and that you will store them for a further XX(the reasonable time would be six months from the date of vacation) months. After that, you will dispose of them. You are legally allowed to do this, and charge her the actual cost for storage.

 

After her initial tenancy (starting in 2004) expired, did she renew said tenancy by signing a new agreement, or did it lapse into a periodic tenancy, by which I mean she still stayed in the property and paid monthly rent, but didn't sign a new contract? If she renewed her tenancy after 6th April 2007, then the letting agents should have put it in a tenancy deposit scheme.

 

The reason I ask this is that taking further action may depend on whether you protected her deposit or not. If you didn't, and you commence legal proceedings to make up the difference between the deposit and the incurred damages, she may take advice and be able to counterclaim for 3x the deposit - you mentioned being worried about incurring further costs and this could result if the deposit wasn't protected and legal proceedings lead her to realise that fact.

 

If you did, then full steam ahead; get working out the additional costs. You didn't clarify whether you had since received the deposit - please do so