UK Landlord Forum / Life

I had tenants move into my property last year mid October.  The day before they moved in I took loads of pictures of my house so that I could reference back to them if the tenants moved out.  I was at the property until about 12am.

On the day the tenants moved in the letting company I was using rang to say that the kitchen sink was blocked (I had still used it the day before I left the property), so I asked the letting agent if the could send out a plumber to look at it for me.  The letting agent later came back and said that the plumber had thrown industrial strength drain unblocker down the sink and also that the sink was leaking.  I requested that the letting agent get the plumber to give me a quote on how much this would cost - they came back with a quote saying that the under piping need replacing.  I then decided to contact my own plumber - who in the end charged me £30 and the only thing wrong was that two of the seals had been swapped around.

My tenants now moved out in mid April - when my husband and I went to check the property I noticed that the kitchen sink cupboard had blistering & massive white stains everywhere (my cupboard is a creamy colour), I also noticed that along a wall in the living/tv room was 12 nail holes and there was a massive scratch mark on one of the walls.  I went back to the letting company I was using and they asked that I send pictures.   I did this but the letting agents then came back saying "no the tenants said they only made 3 holes and we made the others".  We have never put any holes in that wall.   Then regarding the kitchen sink cupboard, we are lucky that the tenant reported the leak and we can't charge them for the damage. 

The letting agents have come back saying the will give me £35, which in my opinion is not going to cover the damage (also the labour involved in getting this fixed) and still saying it is not the tenants responsibility about the kitchen sink.  One of my neighborours has come round to look at the sink and says it looks like a chemical has been messed on the cupboard which has caused the discolouration and for the blistering.

I am now not sure what to do.  I really need some help and advice on what to do

Did the tenants sign and date the inventory that you made when they moved in?

The letting agents did an inventory check the day before the tenants moved in.  I am not sure if the tenants would have signed anything as I am not sure of the process of what happens before they move in.  I do know before they moved in we told them that any holes made would have to be filled in by them and the wall repainted.

The problem here is that if you do not have a comprehensive Inventory and Schedule of Condition document, signed and dated by the Tenants (all parties) then it is incredibly hard (almost impossible) to prove anything. It just comes down to a he-said-she-said type of argument. You have taken loads of pictures before they moved in - which is very good - but you don't seem to have let the Tenants review these, agree that was the state of the property, and sign something to that effect - which is pretty bad, as an oversight.

I think this will be a hard lesson learned. If you can compromise some further money coming your way, that's good, but it is sounding like there's not much you can do from a legal perspective.

Polyfilla and paint for the walls. This should be in any Landlord's armoury for end of tenancies... just standard stuff, expect it.

P.S. - whatever your neighbour may think is, obviously, entirely irrelevant. Not trying to be rude, just being factual.

The letting agent also took photos of the property, and the comprehensive Inventory and Schedule of Condition document would have been done by them too.

The letting agent says that they would have got some in to fix the wall but because we fetched the keys about a week after our tenants moved out they were not able to get in the property - which is rubbish because had they send they were sending someone around either myself or my husband would have made a plan to let them in.

In the end I paid the letting agent a full management fee, so I want them to sort the wall out and for them to sort the base of my kitchen sink cupboard out.

I know what the neighbour thinks is irrelevant but we just wanted a second opinion as the letting agents says it is water damage but I don't think it is.

Quote from: vengoddard on May 06, 2014, 01:14:09 PM
the comprehensive Inventory and Schedule of Condition document would have been done by them too.

Would have, should have or was done?

Quote from: vengoddard on May 06, 2014, 01:14:09 PM

In the end I paid the letting agent a full management fee, so I want them to sort the wall out and for them to sort the base of my kitchen sink cupboard out.

When you say you want the LA to sort out the problem do you mean get someone in to fix them and then charge you the bill or get the LA to fix the problems at their expense?

1. The LA told me that they would do the comprehensive Inventory and Schedule of Condition document as this was part of the service I was paying them for.

2. I want the LA to fix the problems at their expense.  They said had we left the keys with them then they would have sorted out the problem, I have actually moved away from the LA as they are rubbish and I am now going with a new LA.

BTW - thanks for your replies and help.

Quote from: vengoddard on May 06, 2014, 01:41:02 PM
1. The LA told me that they would do the comprehensive Inventory and Schedule of Condition document as this was part of the service I was paying them for.

2. I want the LA to fix the problems at their expense.  They said had we left the keys with them then they would have sorted out the problem, I have actually moved away from the LA as they are rubbish and I am now going with a new LA.

BTW - thanks for your replies and help.

1.  You need to ask to see the inventory that they did and that the T's would have signed off when they moved in and also they would have signed off when they moved out.  The damage that they caused would be highlighted and the T's can be held responsible.

2.  That's not going to happen.  No matter what documents you signed with them or what service you paid for there is no way that they will have taken over for any liability arising from the property.

We have recently had the same problem, however, we were told by our letting agents, that under no circumstances must you let the tenants back into your property as they could damage it further, they had a chance to rectify any repairs whilst they were living there.  Did you get a deposit as you could get the wall repaired then deduct it from that.  Good luck

I would take this on the chin.

Does seem rather cosmetic and minor to me.

The time it took to reply to these threads would have seen the issue resolved IMO.

Quote from: vengoddard on May 06, 2014, 01:41:02 PM2. I want the LA to fix the problems at their expense.

I cannot see what agreement you have with the Letting Agent, but I have never seen one where this would happen. Even if the Agent arranges any repairs directly with relevant professionals, they would still charge it back to the Landlord. This is the case with what I'd normally refer to as "full management service"... do you have something beyond this, or are you wanting them to resolve at their own cost due to some failing you perceive on their part?

It is good that you believe a comprehensive Inventory and Schedule of Condition was produced, but it is bad that you don't seem to have it.

I sympathise with your view regarding Letting Agents being [universally] rubbish... it feels like it's time to accept the situation and move on. This may not be want you want to hear, of course, but we are giving our advice based on the information you've presented to us. It would be good to hear back that you've just bitten the bullet on this one, but if you need anything more from us, just ask...