UK Landlord Forum / Life

Hello everyone, this looks like a great website.
I have a particular current issue I need to seek advice about from experienced, knowledgeable people before I take legal advice. My story is as follows and is probably typical for many landlords.
Basically my property is managed by an agent in Cheadle and my latest tenants moved out early July which makes it approximately seven weeks that my property has been empty. A lady from the agent was dealing with the mess left behind by the tenants and said she was negotiating with the ex-tenants about the cost.
There is a requirement to carry out some cleaning, repair some damage and replace all of the energy saving light bulbs they took with them. In a nutshell they didn't clean and the check out inventory shows heavy dirt and dust to window frames, skirting boards, picture rails and other surfaces. Also the windows are dirty and were not cleaned inside or out. They have also failed to clean the oven, which has burned on grease marks, and they have not cleaned the cupboards. They haven't cleaned anything.
They have left a large burn mark on the kitchen worktop, the dishwasher is protruding from the casing and a safety cover has been removed leaving sharp edges: that item needs repairing. A blind has a couple of strands missing and the back door gate came off during their tenancy (the tenants said a heavy gale had done it, however, I think I may be responsible for repairing that because it's external).
They have also taken all of the energy saving light bulbs, the walls are dirty and redecoration is required and they added a lot more additional staining to the carpet when considering it's condition when they moved in. They were actually a nice family with three young kids, however, this is business.

To me it appears clear cut and probably a typical case. They have breached the contract terms and conditions and this work should have been done well before now and paid from the deposit. However, the agent has said they are waiting for a response to the quotes they have received to do the work and sent to the ex-tenants, but are getting no reply from the ex-tenants. About a week or two ago the agent lady changed her job at the agents to go back to her old job of carrying out inventories and a new guy has taken over who is also now telling me he has to wait for a reply from the ex-tenants before he can carry out the work. They could hold out forever. The deposit is in a tenancy deposit protection scheme.
Meanwhile I'm losing money.

To my mind the agent should have carried out the work immediately so that the property was in a good, rentable condition and used the deposit to pay for it. The new guy has now told me that some viewers were put off by the condition of the property. I am struggling to understand how my agent can carry out viewings in the knowledge that the house is obviously in need of cleaning and repair, however, at the same time they are not carrying out the work to make good from the previous tenants which is surely incumbent upon them and the tenants. This is why I need to speak to a solicitor.
I have also found out that in October 2012 during a previous tenancy the gas meter and electricity meters were replaced by pre-paid meters without my knowledge or consent. They were not changed back at the end of that tenancy. Also, last year I discovered that the agent did not ensure that a gas and electric safety certificate were obtained as required. They couldn't produce it and admitted it had gone missing.

Has anyone had any similar experiences to this and/or can anyone offer any advice about this situation?

Regards from Mooncat

Arrange for the works and get the property back on its feet, treat the deposit deductions as a separate matter. Sure, you expect your Agent to do it all for you, sadly the expectations many Landlords have of Agents who sell them a fully managed service will often fall short of reality.

Yes, very true mate.
That's what I sort of decided to do between the message and now. I'll get things sorted and pay myself and then bill the tenants. If they don't agree then let them put in a dispute.
Thanks for your response Hipps.

If the letting agent has sent them two letters waiting for their reply, you can contact the deposit protection scheme and ask them to authorise the deductions. Show them the inventories, quotes, and attempts to communicate. They might tell you they need to contact the tenant as well, but if they can't, you should automatically win the deduction.