Tenant removed items and agent negligent

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    Tenant removed items and agent negligent

    My tenant of almost 10 years recently vacated a couple of hours prior to myself and letting agent doing the check out. Various items are missing including 2 leather sofas, 1 of which has mysteriously been 'found'. The bathroom suite has been replaced but badly fitted but not sealed, wall tiles changed, carpets and flooring replaced with cheaper quality throughout the house, electric and gas meters changed to pay as you go and all this without my consent. Poor decoration/making good of large holes in walls and a broken promise of carpet cleaning. Letting agent has agreed to repaint and clean the house and carpets but is trying to put me off going to DPS to cover the cost of the missing items. I've been offered a couple of hundred pounds by the tenant, which is about a fifth of the deposit.

    The letting agent did not carry out quarterly inspections as stated in our contract and did not finalise the guarantor contract after the tenants partner moved out and I advised that things should be done by the book.

    So, I have two questions:

    1. Is it worth going to DPS arbitration, will I win? Letting agent says no!
    2. Should I sue the letting agent for negligence/breach of contract?

    Any help would be gratefully received :-)

    #2
    Ignoring the pay as you go meters, which the tenant is allowed to do, the issue is how much everything is worth.
    You have to allow for fair wear and tear, and ten years is going to mean most of the furnishings are worth nothing.
    The bathroom might be an issue, you'd expect a bathroom to last more than a decade.

    You can try and sue the letting agent, but in contract and negligence the loss you experience has to be (I think) reasonably foreseeable, and the damage isn't an obvious consequence of the agent not doing their job.
    But they might agree to return some of the fees you paid them for a service that they didn't provide - there's not much a letting agent does for their money once the tenant has moved in.
    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).

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      #3
      10 years have passed & you'd not noticed there's been no inspections? You noticed nothing? I get copied on inspections by both the agents I use.

      Agree, 10 years and furniture, wall decoration, flooring likely needs replacing. How old were the items when tenant moved in please?

      Tenant does not have to be there for a check-out. (There doesn;t have to be a check out).

      When tenant moved in do you have copied of inventory & photos, signed by tenant, please?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        Proper leather furniture could/should last for decades.

        But as theartfullodger says -- this is all odd. How could you possibly have not known about all of this stuff, and if you just passed it on to the agent, how could you possibly have done that.

        Seems you are getting what you deserve - a bit like owning a shop and leaving the doors open for 10 years and then complaining about the outcome.

        Seems you even let the agent protect the deposit themselves and control whether you can communicate with the DPS.

        Comment

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