Claiming NALS deposit

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    #1

    Claiming NALS deposit

    NALS

    Does anyone have experience of claiming from the depost when the tenant has absconded home to Saudi Arabia leaving more damage than would be covered by the bond. I have a letting management agent who seems not to understand the way it works. Do I claim or does the agent have to ? The agent is the registered member of the echeme. They have suggested that I consult a solicitor but haven't told me why. This morning I received and envelope from the said agents containing photocopy of a photocopy of the former tenants passport with no explanation as to what I am supposed to do with it. I am mystified. Can anyone help me to understand?
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    #2
    Originally posted by butler View Post
    NALS

    Does anyone have experience of claiming from the depost when the tenant has absconded home to Saudi Arabia leaving more damage than would be covered by the bond. I have a letting management agent who seems not to understand the way it works. Do I claim or does the agent have to ? The agent is the registered member of the echeme. They have suggested that I consult a solicitor but haven't told me why. This morning I received and envelope from the said agents containing photocopy of a photocopy of the former tenants passport with no explanation as to what I am supposed to do with it. I am mystified. Can anyone help me to understand?

    Have you tried asking your agent what he thinks you are supposed to do with it? After all, you're paying him!
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment

      #3
      Which scheme is the deposit protected in? Is it the TDSL?
      Ambition is Critical

      I don't profess to be a knowledge in all areas, my advice is based on life experience.

      Comment

        #4
        Did you give the tenant notice?

        Did the tenant give you notice?

        At what stage was the AST?

        Have you got the keys back?

        I am guessing that your problem is your tenant has done a runner and you now need to gain possession of the property which is why your agent can't deal with it. Is that the situation?

        If the tenant was a Saudi national then you can forget any outstanding rent etc.

        Comment

          #5
          Originally posted by Kathryn View Post
          Did you give the tenant notice?

          Did the tenant give you notice?

          At what stage was the AST?

          Have you got the keys back?

          I am guessing that your problem is your tenant has done a runner and you now need to gain possession of the property which is why your agent can't deal with it. Is that the situation?

          If the tenant was a Saudi national then you can forget any outstanding rent etc.
          The money is held by the agent in the TDS scheme

          The tenant has definitely done a runner leaving the flat in a hideous condition. However the tenancy has not yet ended. It runs until 24th September. We have had all the rent as he had to pay in advance. We have accessed the property and the agent arranged for cleaning and lock change. There is too much damage for the £950 bond to cover.
          The agent inspected the property on 31st July saying it was clean and secure. This couldn't have been the case. The burns on the oak flooring from the smoking of hash have obviously happened throughout the tenancy ( 1 year) as had the accumulation of filth.

          What we would like to know is who is responsible for recovering thiis deposit? Also what are the agent's responsibilities? We have been paying for a fully managed service. We have asked them why they suggest consulting a solicitor but they haven't given us an answer yet.

          Comment

            #6
            Was the July inspection their 1st??

            burns to flooring should've been picked up much earlier than 12 months down the road but to be honest this could have happened 'yesterday' and this may be your agents argument.
            If the agent doesn't understand how the scheme works then I'd have guessed that YOU protected it and not the agent. (Unless they are really dull)
            With regard to "What we would like to know is who is responsible for recovering this deposit?" then it is the responsibility of whomever protected it in the first place!

            If the tenancy ends on the 24th how have you already entered, cleaned and changed locks??

            The agent sounds inexperienced to me and you should confront them immediately about this obvious lack of service. They should be advising you on which way to go, to bring to light any obvious problems with the tenancy and the agreement.

            I'd be asking them for compensation for delivering a poor service!!!!!!!!
            Ambition is Critical

            I don't profess to be a knowledge in all areas, my advice is based on life experience.

            Comment

              #7
              The first inspection was December last year and is 3 monthly.

              The concierge of our building alerted us to problems. Our agent gave 48 hours notice that we wished to enter. Then we discovered the problems. The bird had flown and removed everything except rubbish and several inflatable beds and a BBQ on the balcony. We have subsequently discovered that 7 or 8 of our tenant's countrymen were living there as well.

              Comment

                #8
                I had something similar happen some years ago. The tenant did a runner and nobody noticed for three months. CWRL were the agents. I complained to ARLA who upheld my complaint. Didn't help me any though.I was left with a filthy flat and insufficient deposit to cover rent and repairs. Don't waste your time trying to get compensation and don't bother chasing the Saudi. Put this down to experience.

                What is now important is the fact that you have entered the flat without a Possession order. The advice you will be given is that you should not under any circumstances have done this. Plenty of threads here to tell you why. You will have to assess the situation and decide the likelihood of the tenant returning and if this is a risk you are willing to take.

                Comment

                  #9
                  There is absolutely no chance of the tenant returning. He owes £1800 to Npower so it's cheaper for him to lose his deposit. The tenancy ends in two days anyway and he indicated to the agents that he did not want to renew it.
                  What we would like to know is how do we get our hands on the £950 deposit?
                  The agents arranged the cleaning and lock change so who has firt bite of the cherry?

                  Comment

                    #10
                    A cautionery tale indeed. However this is probably not quite the same.
                    The Saudi had removed all his personal possessions and we suspect that he is now back here living in another apartment. (He is a student at Newcastle University). He had left the patio doors from the living room and the bedroom wide open and the door unlocked so we had to secure the flat. Proper notice had been given for our visit but we found the letter unopened.

                    I have had a reply from the agent this morning about why we need socilitors.
                    They are suggesting we sue the tenant!!! Maybe they have to tell us this to appear helpful. I just feel they shouldn't get any of the deposit but realise this is a vain hope.

                    Comment

                      #11
                      Just a word of thanks for all the people who took trouble to reply.
                      I thought you might like an update.

                      The agent replied to my question about the deposit and it seems they will keep £190 for the cleaning and a sum not yet known for the locksmith
                      They say all the damage has occured subsequent to the inspection on 31st July.

                      It would be virtually impossible to get the place in such a state in a month
                      Also to suggest that the tenant only took up smoking cannabis and caused all the burns of the floor after 31st July is patently ludicrous (there are well over 100.

                      I have suggested to them that as a gesture of goodwill they relinquish their
                      part of the bond.

                      They have refused the offer but countered with an offer of 50% reduction in their charges if they find a new tenant for us. As if!!!!!

                      I would appreciate any suggestion as to proceed.

                      Comment

                        #12
                        Dump all the rubbish from ex-tenant's flat on their office floor?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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