Letting a property- deposit question please
26 May 2010, 05:24 PM
#1
Letting a property- deposit question please
Short and to the point .
The good lady lets her property though a managing agent and pays a serious premium for their services.
Two girls were the last tenants who have just left.
Discovered via the neighbours that :
the two girls had several really noisy parties that disturbed the whole close
they sublet the property as one girl moved out and the remaining girl brought in some Romanians !!
The place was a state when they left with dirty carpets *** ends everywhere and the garden a mess
now they are contesting that they should have the full deposit back even though all that is being taken is about £40 for cleaning!'
so even though it clearly states in the contract no sub letting where does she stand in terms of telling these tenants to shove their plea for the deposit ??
are they and the agents taking the **** ??
It clearly states in the contract
No subletting
the smoking was obvious on an earlier visit to the property so it was them even though they are blaming the neighbours !
So where does she stand in terms of telling them to stick it??
The good lady lets her property though a managing agent and pays a serious premium for their services.
Two girls were the last tenants who have just left.
Discovered via the neighbours that :
the two girls had several really noisy parties that disturbed the whole close
they sublet the property as one girl moved out and the remaining girl brought in some Romanians !!
The place was a state when they left with dirty carpets *** ends everywhere and the garden a mess
now they are contesting that they should have the full deposit back even though all that is being taken is about £40 for cleaning!'
so even though it clearly states in the contract no sub letting where does she stand in terms of telling these tenants to shove their plea for the deposit ??
are they and the agents taking the **** ??
It clearly states in the contract
No subletting
the smoking was obvious on an earlier visit to the property so it was them even though they are blaming the neighbours !
So where does she stand in terms of telling them to stick it??
26 May 2010, 07:01 PM
#2
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If they have messed up the place then take the full deposit, document the evidence, photos of damage, carpets, stains etc
You should have a signed contract saying something like the property was in good order when they moved in?
What would £40 get you with any cleaner? (not much!) Is a new carpet needed? painting decorating etc? painters normally charge £50 to £100 per wall for letting repairs.
I don't let property but I would have thought what I have written is not to far out....
You should have a signed contract saying something like the property was in good order when they moved in?
What would £40 get you with any cleaner? (not much!) Is a new carpet needed? painting decorating etc? painters normally charge £50 to £100 per wall for letting repairs.
I don't let property but I would have thought what I have written is not to far out....
26 May 2010, 07:48 PM
#4
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Hello,
The property in question is my property.
I scrubbed and cleaned the place for months to get the property perfect for letting. I thought going through an agent and paying top whack fees for a fully managed property would protect me from c**p like this!
I lived in the house for nearly 2 years and got on very well with all my neighbours! I popped back up to the house to sort a few things out and then my neighbours were telling me stories of the year from hell they had whilst the 2 girls were living there!
It did shock me as I only noticed that the house had not been hoovered, there were weeds everywhere, cigarette ends at the front and back garden & dirty kitchen. I honestly thought that tenants had to give a property back as they found it or their deposit would be kept to put everything back to rights!
I found out from my neighbours that the girls threw parties, dumped their cars and their friends cars in the cul-de-sac blocking my neighbours cars in, 1 moved out and sublet the property, my neighbours reported the house to the managing agents for their anti-social behaviour. I had no idea any of this was going on!
Now the girls are refusing to pay £40 for hoovering and cigarette ends being binned!
I think they are taking the p**s and I just wanted to know if anyone out there knows how I should handle it?! The letting agent want me to sign the girls deposit back to them in full now!
Sorry for the rant but I am rather cross!
The property in question is my property.
I scrubbed and cleaned the place for months to get the property perfect for letting. I thought going through an agent and paying top whack fees for a fully managed property would protect me from c**p like this!
I lived in the house for nearly 2 years and got on very well with all my neighbours! I popped back up to the house to sort a few things out and then my neighbours were telling me stories of the year from hell they had whilst the 2 girls were living there!
It did shock me as I only noticed that the house had not been hoovered, there were weeds everywhere, cigarette ends at the front and back garden & dirty kitchen. I honestly thought that tenants had to give a property back as they found it or their deposit would be kept to put everything back to rights!
I found out from my neighbours that the girls threw parties, dumped their cars and their friends cars in the cul-de-sac blocking my neighbours cars in, 1 moved out and sublet the property, my neighbours reported the house to the managing agents for their anti-social behaviour. I had no idea any of this was going on!
Now the girls are refusing to pay £40 for hoovering and cigarette ends being binned!
I think they are taking the p**s and I just wanted to know if anyone out there knows how I should handle it?! The letting agent want me to sign the girls deposit back to them in full now!
Sorry for the rant but I am rather cross!
26 May 2010, 07:51 PM
#5
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From my brief time letting if the deposit is help in the DPS system which legally it should be now anyway (it will depend on the date it was setup etc)
When the tenant leave you have to release the deposit or explain why you are holding all or part of it back and provide reasons etc, they provide a form that has to be filled out and signed by a magistrate or someone of that type of trusted person.
They will also write to the tenant at the new address is you provide it and ask them if they want to contest it etc, it will take a while. I think the DPS website sets it all out, you will need the info from the management agency if you are going to deal with it all yourself, it is easy enough though.
When we had our tenant we held the full deposit because of the things broke when they went we said we never knew their forwarding address but supplied the mobile number and eventually we got awarded the full deposit without contention.
I would try to find out what the management agency have got arranged on that as it may all be held by them and they may be trying to keep some of it themselves.
Good luck.
When the tenant leave you have to release the deposit or explain why you are holding all or part of it back and provide reasons etc, they provide a form that has to be filled out and signed by a magistrate or someone of that type of trusted person.
They will also write to the tenant at the new address is you provide it and ask them if they want to contest it etc, it will take a while. I think the DPS website sets it all out, you will need the info from the management agency if you are going to deal with it all yourself, it is easy enough though.
When we had our tenant we held the full deposit because of the things broke when they went we said we never knew their forwarding address but supplied the mobile number and eventually we got awarded the full deposit without contention.
I would try to find out what the management agency have got arranged on that as it may all be held by them and they may be trying to keep some of it themselves.
Good luck.
26 May 2010, 07:52 PM
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http://www.depositprotection.com/ if it helps at all 
Last edited by PaulC72; 26 May 2010 at 07:54 PM. Reason: used double post
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26 May 2010, 08:07 PM
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Tell me about it, if they had agreed to having the house put back to rights I would have let the rest go BUT now they have got me really mad so now I am going to fight this! I thought that is what I paid the agent for! 
26 May 2010, 08:22 PM
#11
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fvck me Letting Agents are about as useful as a window cleaner in Beruit
the problem is one lets the tenants get away with the first time so they think that the landlord doesn’t care – in reality at the first sign of a breach of contract you should send a letter recorded -- informing them of the fact etc etc
but we all are a little soft and try and be nice and then it bites us in the ****
kill them
the problem is one lets the tenants get away with the first time so they think that the landlord doesn’t care – in reality at the first sign of a breach of contract you should send a letter recorded -- informing them of the fact etc etc
but we all are a little soft and try and be nice and then it bites us in the ****
kill them
Letting agents take the **** end of
26 May 2010, 09:18 PM
#13
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From the resident legally qualified person... 
"Mrs C (who has forgotten her Scoobynet log-in details!) advises that how disputes about a deposit are actually dealt with will depend on the tenancy deposit protection scheme you used (assuming you did actually use one as has been required since 2007). The different deposit schemes should have alternative dispute resolution systems for just this kind of case. See http://www.direct.gov.uk/en/TenancyDeposit/DG_066380
Mrs C's understanding is that you can keep back some of the deposit to make up for damage and cleaning costs (not ordinary wear and tear), missing items in the inventory (if they nicked half the furniture that was listed in the inventory when they moved in) and any unpaid rent, but not in respect of their breach of the clause in the tenancy preventing them from sub-letting, holding noisy parties and being bad neighbours blocking cars in.
Most of the advice out there on the web is aimed at tenants, but worth a look to see what might be argued back against you: see e.g.
http://www.adviceguide.org.uk/h_tenancy_deposits.pdf and
http://england.shelter.org.uk/get_ad...deposits_cover
If the place was really such a mess, we'd be amazed if it would only cost £40 to clean it up!"
"Mrs C (who has forgotten her Scoobynet log-in details!) advises that how disputes about a deposit are actually dealt with will depend on the tenancy deposit protection scheme you used (assuming you did actually use one as has been required since 2007). The different deposit schemes should have alternative dispute resolution systems for just this kind of case. See http://www.direct.gov.uk/en/TenancyDeposit/DG_066380
Mrs C's understanding is that you can keep back some of the deposit to make up for damage and cleaning costs (not ordinary wear and tear), missing items in the inventory (if they nicked half the furniture that was listed in the inventory when they moved in) and any unpaid rent, but not in respect of their breach of the clause in the tenancy preventing them from sub-letting, holding noisy parties and being bad neighbours blocking cars in.
Most of the advice out there on the web is aimed at tenants, but worth a look to see what might be argued back against you: see e.g.
http://www.adviceguide.org.uk/h_tenancy_deposits.pdf and
http://england.shelter.org.uk/get_ad...deposits_cover
If the place was really such a mess, we'd be amazed if it would only cost £40 to clean it up!"
26 May 2010, 09:54 PM
#14
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From the resident legally qualified person...
"Mrs C (who has forgotten her Scoobynet log-in details!) advises that how disputes about a deposit are actually dealt with will depend on the tenancy deposit protection scheme you used (assuming you did actually use one as has been required since 2007). The different deposit schemes should have alternative dispute resolution systems for just this kind of case. See http://www.direct.gov.uk/en/TenancyDeposit/DG_066380
Mrs C's understanding is that you can keep back some of the deposit to make up for damage and cleaning costs (not ordinary wear and tear), missing items in the inventory (if they nicked half the furniture that was listed in the inventory when they moved in) and any unpaid rent, but not in respect of their breach of the clause in the tenancy preventing them from sub-letting, holding noisy parties and being bad neighbours blocking cars in.
Most of the advice out there on the web is aimed at tenants, but worth a look to see what might be argued back against you: see e.g.
http://www.adviceguide.org.uk/h_tenancy_deposits.pdf and
http://england.shelter.org.uk/get_ad...deposits_cover
If the place was really such a mess, we'd be amazed if it would only cost £40 to clean it up!"
"Mrs C (who has forgotten her Scoobynet log-in details!) advises that how disputes about a deposit are actually dealt with will depend on the tenancy deposit protection scheme you used (assuming you did actually use one as has been required since 2007). The different deposit schemes should have alternative dispute resolution systems for just this kind of case. See http://www.direct.gov.uk/en/TenancyDeposit/DG_066380
Mrs C's understanding is that you can keep back some of the deposit to make up for damage and cleaning costs (not ordinary wear and tear), missing items in the inventory (if they nicked half the furniture that was listed in the inventory when they moved in) and any unpaid rent, but not in respect of their breach of the clause in the tenancy preventing them from sub-letting, holding noisy parties and being bad neighbours blocking cars in.
Most of the advice out there on the web is aimed at tenants, but worth a look to see what might be argued back against you: see e.g.
http://www.adviceguide.org.uk/h_tenancy_deposits.pdf and
http://england.shelter.org.uk/get_ad...deposits_cover
If the place was really such a mess, we'd be amazed if it would only cost £40 to clean it up!"
I am not sure what deposit scheme was used as the agents dealt with it, should I just ask them for it? I know the new one as I have the paperwork for it as the government have just changed it!
What is the point of having a contract if the tenants can break it by subletting the house with no comeback?!
The £40 was a gesture to my new tenants as the agent didnt have time to send someone round to clean the house before the new people moved in!
As I see it the new people might leave the house a mess too as they found it a mess! What the hell am I paying the agent for?!
26 May 2010, 11:05 PM
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Agents are usually *******, they did nothing for us when we had a problem with the property we rent, never did inspections, never returned calls, couldn't care less.
Me and the landlady both decided to sack them off and just do things direct.
She never had a clue about any of our problems as the agents never passed the message on?
IIRC my deposit was eventually transferred into some trust type thing, although the agents took the **** with that as well.
Me and the landlady both decided to sack them off and just do things direct.
She never had a clue about any of our problems as the agents never passed the message on?
IIRC my deposit was eventually transferred into some trust type thing, although the agents took the **** with that as well.
26 May 2010, 11:07 PM
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The sub-letting and nuisance behaviour is now ancient history and has no bearing on any retention of the deposit. If known about during the tenancy then the agents should have informed you and acted on it with the threat of termination at the time.
As to the present, that is pretty much as PaulC72 has said; you should expect at handover the property and contents to be as per the inventory with an allowance for acceptable wear and tear. As you say, the property needs to be in good nick for future tenants so it should be professionally cleaned and the cost deducted from the deposit. It is always better to get somebody in to do this so a) you don't have to do it, and b) you get a proper receipt to keep everything official. It is usual for the managing agents to deal with this so in your shoes I would dig your heels in and tell them you will kick them into touch if they don't show some signs of support.
Whatever the outcome I would probably get a new agent anyway. If you look through the small print it is surprising how little the agents are liable for should problems arise. The reality is probably just that having to deal with the agents will mean the tenant(s) are more likely to pay the rent without problems than if dealing direct with the landlord as the arrangement appears more official.
Kevin
As to the present, that is pretty much as PaulC72 has said; you should expect at handover the property and contents to be as per the inventory with an allowance for acceptable wear and tear. As you say, the property needs to be in good nick for future tenants so it should be professionally cleaned and the cost deducted from the deposit. It is always better to get somebody in to do this so a) you don't have to do it, and b) you get a proper receipt to keep everything official. It is usual for the managing agents to deal with this so in your shoes I would dig your heels in and tell them you will kick them into touch if they don't show some signs of support.
Whatever the outcome I would probably get a new agent anyway. If you look through the small print it is surprising how little the agents are liable for should problems arise. The reality is probably just that having to deal with the agents will mean the tenant(s) are more likely to pay the rent without problems than if dealing direct with the landlord as the arrangement appears more official.
Kevin
27 May 2010, 07:24 AM
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27 May 2010, 07:58 AM
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I used to rent a house out and used a local estate agent to manage it. They were supposed to vet new tenants, check the place when tenants vacated and held the bond. I remember going to the house just after one of the tenants had moved out and it looked like a bomb had dropped. The estate agents apparently didn't have anybody available to inspect it, so they just gave the bond back. I played holy fukc up and insisted they meet me at the property asap upon which they were so embarrassed they gave me the total bond amount from their own coffers. I did continue to use them and they were a lot more on the ball going forward.
I think my situation was similar to your and Swiss's, as to why you have the house to let. Thing is it was your home and you care/cared for it as your home. It is unlikely you will get anybody to really look after it like you want.
Is it used for University student letting...god help if it is.
I ended up so sick of the repeated squalor I sold it.
Good luck
I think my situation was similar to your and Swiss's, as to why you have the house to let. Thing is it was your home and you care/cared for it as your home. It is unlikely you will get anybody to really look after it like you want.
Is it used for University student letting...god help if it is.
I ended up so sick of the repeated squalor I sold it.
Good luck
27 May 2010, 08:20 AM
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Last night I was actually thinking of selling the house too! I had 1 bad tenant (rented out myself) so I thought going through an agent would be better! A year on and I am no better off!
28 May 2010, 07:29 PM
#21
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I hold on to all of my deposits, for this very reason. It is so much easier to deal with problems like this.
The letting agent will be in no doubt that you will be taking your business elsewhere from now on, so couldn't give a hoot about you or your problems, so will be more eager to get rid of the daily pestering phone calls they are receiving from the ex tenants.
Where the bills paid? Currently going through problems with unpaid utility bills and council tax, the CT was fine about it but British Gas are hounding me for a years worth of unpaid electric bills. Does anybody know if you can withhold the deposit until up to date statements are shown?
The letting agent will be in no doubt that you will be taking your business elsewhere from now on, so couldn't give a hoot about you or your problems, so will be more eager to get rid of the daily pestering phone calls they are receiving from the ex tenants.
Where the bills paid? Currently going through problems with unpaid utility bills and council tax, the CT was fine about it but British Gas are hounding me for a years worth of unpaid electric bills. Does anybody know if you can withhold the deposit until up to date statements are shown?
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