Is letting agent negligent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is letting agent negligent

    I currently rent a property in Northern Ireland. My previous tenants vacated my property due to none payment of rent. My agents went through the proper channels by serving notice. Unfortunately the previous tenant have taken some fixtures and fittings which belonged to me and damaged my property. The agents have told me the tenants are not liable at all for the cost of replacing items, they have charged me for nearly all of the repairs and redecoration. However there is a tenancy agreement in place and inspite of the agreement stating the tenant will be responsible for the charge of reletting the property they are now charging me. My property has been relet and the new tenant has paid 4 months rent in advance and a security deposit, I have not seen a penny of this money as the agents have taken it upon themselves without my permission to pay all the contractors involved. I have not had an invoice or final invoice and do not know the full cost of putting my house back to rights. Are they in their right to do this, inspite of repeatedly asking for invoices and a copy of the new tenancy agreement this has been to no avail. In total they have had £2,510 from me and they are stating there is still £700 outstanding can anyone advise on this as I havent had any invoices or know the final cost is this legal what they have done.

    #2
    The agents are working for you and should provide invoices and evidence of where your money is going.
    That's pretty basic, but it is normal practice for agents to pay for work that needs doing from the rent they collect.
    However, they need your consent (although you may have given that in your agreement with the agent).

    I am unclear how the previous tenancy ended and why the tenants could be liable for the costs of reletting when you served notice on them.

    A tenant wouldn't normally be responsible for the entire cost of replacement items or damage, because the amount they're normally liable for is the depreciated value, not the replacement cost.
    But it would be unusual for you to be responsible for the majority of the cost unless the property and items were quite old.

    The agent don't seem to be someone you want to business with long term and when the next tenant leaves, I would stop doing busines with them and tell them not to remarket the property.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      The tenants were served notice by the letting agent with consent from myself due to default on the rent. They were still under the tenancy agreement at this stage. The tenants relationship dissolved which meant the female left the property without notifying the agents that she no longer lived there but she signed the tenancy agreement for 1 year which means she is still responsible for the rent until another tenant was found. It states in the tenancy agreement if either party defaulted on the rent and was served notice whilst still under contract they are still responsible until the agreement expired or until the property was rehabited. I have now found to my disbelief the letting agents have charged me £350 for the reletting fee when again it is written in the contract that the tenants would pay if they are in breach of contract which they are. I am now in receipt of some invoices for the cost of putting my property back to a tentable state upto now it is nearly £3,000 and that is just redecorating. I have had to replace oven and fridge freezer both were damaged beyond repair ie glass cracked in oven door, knobs broken off and big dents where it looks like it has been kicked. Fridge freezer all glass shelves broken, trays bent, can't claim agents have said it is wear and tear. Can someone explain the difference between wear n tear and damage. I think someone needs to reform the tenancy agreement so that it is fair on both parties involved. what is the point of having a written contract you might as well just give the tenant the keys and say do what the f*** you like I'll just pay for all damages whilst replacing or repairing the property whilst you live in my house.

      Comment


        #4
        I think what you have there are useless agents, rather than unfair tenancy laws.

        Tenancies have starts and ends, there's no replacement or penalty fees. I don't understand how the property can be relet without the previous tenancy having ended, so somehow the previous tenancy must have come to an end.

        I think you should see a solicitor and let them help you get things sorted. The damage is something you should claim compensation for from the tenants, but the agent aren't helping.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          The tenants doesn't appear to be responsible for rent, but rather for compensation for loss of rent. The difference is important, because the landlord must take reasonable steps to mitigate the loss of rent, i.e. they must try to relet as soon as reasonably possible in the market conditions.

          Comment


            #6
            That's only true when the tenancy is periodic.
            In a fixed term, no obligation to mitigate exists - because the loss is not a contractual loss.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              The situation appears to be that they are re-marketing, which suggests to me that they have accepted a surrender and are now relying on the contract to pay rent until relet, rather than than on the fixed tenancy. If they wanted to claim the whole rent, they would have had to have refused the tenant's notice, outright.

              Comment


                #8
                Originally posted by Elouise View Post
                Unfortunately the previous tenant have taken some fixtures and fittings which belonged to me and damaged my property.
                That sounds like theft to me. You should report it to the police. I think you should also sack the agent who sounds like theyve been caught like a rabbit in the Tenant Fees Act headlights and in their confusion made the wrong call.

                Comment

                Latest Activity

                Collapse

                Working...
                X