SMF - Just Installed!

Can I sue tenant or agent for damages

Started by chris116, June 26, 2015, 05:36:25 PM

Previous topic - Next topic

chris116

My last tenant of 4 yrs left the property in a hell of a mess but wouldn't allow access for inspection until he had left the agent then completed their checkout report afterwards.
The letting agent has been sending annual inspection reports stating all was well even though I had previously voiced concerns about some maters regarding the properties upkeep and the agents obligations.
In a nutshell I have estimates for repairs between £5k - £7.5k the letting agent states the damage was done between the last inspection & the tenant checking out I find this very hard to believe I'm certain internal inspections were not carried out. All inspection & checkout reports have been signed off by the same representative. 

The TDS have refunded me the deposit in full.

The problems I'm now facing are;
Can I sue the tenant for the remaining amount?Tenant is unemployed but is a registered carer for his disabled son so may not have sufficient funds to pay up but his farther signed as guarantor. Unfortunately I don't have contact details for him.

Can I sue the agent for the remaining amount? I have been led to believe the most I can claim from the agent is the cost of damages up to the total amount paid in management fees if this is the case there will be a shortfall.

The tenant left without leaving a forwarding address is it still possible to pursue a claim through the courts? I assume there are ways the authorities can trace him if need be. I've conducted a local search but my findings show he's still registered as living at the property

Many thanks in advance

Chris & Hayley

boboff

Your cheapest and quickest and least stressed option is to bite the bullet and do the work.

Just take it on the chin, and the rent you were getting was £90 a month less than it actually was.

(5k less deposit / 48)

Next time insist on your own inspection after 12 months.

Agents are assholes.

Take a holiday and do the work yourself, cost less than £1000 I bet.

Private renting doesn't work well with Agents to Fleece & Solicitors to Rob, rather than you being involved with a clip board and a paint brush.

Hippogriff

If you previously had concerns you really should have acted upon them. You couldn't be bothered. No point crying over spilled milk now, you have the entirety of the deposit. You can elect to chase someone through the Court system, you probably have a chance of winning, but they may not be able to pay you anything, or £5 per week forever. You can elect, as said, to take it on the chin. Look upon it as an opportunity to refresh the property in a pleasing, attractive way and get it back on the market at a higher rent. Next time you have any concerns... act.

chris116

#3
Quote from: boboff on June 27, 2015, 04:38:07 AM
Your cheapest and quickest and least stressed option is to bite the bullet and do the work.

Just take it on the chin, and the rent you were getting was £90 a month less than it actually was.

(5k less deposit / 48)

Next time insist on your own inspection after 12 months.

Agents are assholes.

Take a holiday and do the work yourself, cost less than £1000 I bet.

Thanks for the advice.
We've nearly completed the work with DIY and contractors the house was vandalised throughout, doors, c/h system, carpets with urine & excrement holes in walls cooker smashed etc. etc. not just left needing a clean it was fully refurbished throughout prior to letting.  That's why I'm seeking advice on hopefully being able to get some form of compensation from the agent I trusted with looking after the property for me I feel they've breached their part of the contract and hate the thought of the tenant getting away scot free after causing so much damage
Like most folks I work long hours have a family and an old house to look after which doesn't leave much spare time  hence using an agent to do the running around for me


chris116

Quote from: Hippogriff on June 27, 2015, 05:16:31 AM
If you previously had concerns you really should have acted upon them. You couldn't be bothered. No point crying over spilled milk now, Next time you have any concerns... act.
Thanks for taking the time to read & reply Hippogriff I may be forgiven for saying these are harsh words and not very helpful!
The tenant gave no indication anything was wrong other than that the garden was getting overgrown & the exterior was looking scruffy, his payments were always on time & he appeared smart & polite whenever I met him. The agent always confirmed all was clean & tidy throughout this is the point of my enquiry on this post I don't think they met their obligation.
I raised the concerns to the agent not because I couldn't be bothered but because that's what I thought I was paying them good money for.  During the period of his tenancy I spent long hours at work with periods overseas leaving many other matters to catch up with when returning home, the reason for using an agent in the first place.
Regards
Chris

Hippogriff

Seems like you made a mistake. Use it as a learning experience... or get out of the game completely. Whatever suits you best. As I say, you have all the deposit and you appear to have done the work... what more do you want, blood? Urine and excrement can't be nice, but you'll make sure it doesn't happen again.

Riptide

Quote from: chris116 on June 27, 2015, 11:27:37 AM

The tenant gave no indication anything was wrong

They have a tendency to do that.

2 recent ones.

Went into the bathroom which is a flat roof extension.  Asked what the water was and was told the ceiling had been letting in water for 'a while' when it rained.  Fixed within an hour of knowing about it, was going on for ages.

"Someone said somethings wrong with the roof about a month ago" tenant hadn't bothered looking themselves or telling me until I went round.  3 ridge tiles had blown off and were 7/8ths down the roof.  Fixed within 36 hours.

I'll fix things, I am however, not psychic. 

boboff

I always do the colombo when leaving..... Just one more thing... Gets them every time!