Property left dirty and damaged

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  • Property left dirty and damaged

    Hi

    Can someone please give me advise.

    My property was leased out with an agent fully managing it. The tennat has now moved out (thankfully) but the repair,cleaning and replacments of missing items is way beyond the deposit.
    The agent says it is between me and the tennant, but they were managing the property on my behalf, and I feel that my property should never have got into the state it was in when the tennant moved out if regular inspections (which I was told were being done) and if things were noted at that point, and follwoed up, then there would be no need to be in the situation I am now in.
    How do I persue for compensation???
    Not a happy bunny

  • #2
    I take it you mean to pursue the tenant rather than the agent? I think suing the agent is likely to fail. Sue the tenant in the small claims court.

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    • #3
      An agent cannot force the tenant not to cause damage or to do cleaning or to make repairs etc. All an agent can do is to report on the situation to you, and perhaps try to persuade the tenant to rectify (but the agent cannot be responsible if the tenant ignores the attempts to persuade). And if there is disrepair that the tenant has failed to spot or report, and which the LL is obliged to repair - e.g. a leak under the kitchen sink - the agent can arrange such a repair.

      If you have suffered a loss, it's the tenant you claim against.

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      • #4
        Look at your contract with the agent carefully, what does it say around inspections and reporting back to you in first instance. I do not use agents for simple reason not sure the added expense justifies cost.

        Ps I fully suspect the agent will have no liability for works, they may even have tried to reduce their duty of care around inspections.

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        • #5
          Property left dirty and damaged

          Property left diry and damaged



          Looking for some advise, my tenant has moved out, and my property has been left diry, damage throughout, and garden a complete shambles. Property in Scotland.
          There is no way the deposit is going over the repair costs (fair wear and tear taken into account) - how can I go about trying to reclaim costs?
          I did have an agent managaing the property, and although I know the contract is between myself and the tenant, surely they have some responsibility towards this, as inspections were supposed to be being done every three months.

          Any advise would be gratefully received

          Thanks

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          • #6
            Originally posted by JWD View Post
            Property left diry and damaged



            Looking for some advise, my tenant has moved out, and my property has been left diry, damage throughout, and garden a complete shambles. Property in Scotland.
            There is no way the deposit is going over the repair costs (fair wear and tear taken into account) - how can I go about trying to reclaim costs?
            I did have an agent managaing the property, and although I know the contract is between myself and the tenant, surely they have some responsibility towards this, as inspections were supposed to be being done every three months.

            Any advise would be gratefully received

            Thanks
            The process for recovering damages not covered by the deposit is through the Sheriff Court.

            Some agents protect you from this type of additional expenditure as part of your agreement with them so it would be worth checking with the agent if they do.

            I think that given the likelihood of future legal action I would make sure that the check out is done by an external inventory clerk to give you the best chance of recovering these monies.

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            • #7
              Was the deposit protected??
              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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              • #8
                I really dont know as the estate agent was dealing with all that on my behalf

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                • #9
                  When was tenancy last renewed? Was there tacit relocation? When did tenancy end AND HOW eg tenant gave notice?

                  Ask agent if it was protected & has he done anything with it.

                  You are registered?

                  Do you have evidence (inventory, photos..) showing conditions of property at move in & move out? Were they agreed with tenant (eg signatures)?

                  Do you have current contact details of ex-tenant (yet... you'll find them...)

                  Cheers!
                  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...

                  Comment


                  • #10
                    Two related threads have been merged.
                    I also post as Mars_Mug when not moderating

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                    • #11
                      Originally posted by theartfullodger View Post
                      Do you have current contact details of ex-tenant (yet... you'll find them...)
                      How would one go about tracing an ex-tenant if no forwarding address is left?

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                      • #12
                        Originally posted by JWD View Post
                        I really dont know as the estate agent was dealing with all that on my behalf
                        You need to find out pronto as you are the one that would be taken to court for not lodging the deposit, not your Agent.

                        If not you need to lodge an amount of money equivalent to the amount of the deposit with one of the schemes asap, then provide the prescribed information plus details of where the funds are lodged to the tenant.

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