UK Landlord Forum / Life

I was after a bit of help, apologies in advance for the length but just trying to give all info for most appropriate advice.  I let out a house through an agent, its semi managed so I pay them a management feel to collect rent and liaise with tenant for issues, but if there is any maintenance required I  arrange my own contactors or if I choose let agent contractors do work and bill me. 

The previous tenant has vacated the property, and on the check-out inspection I was informed that the property stank of smoking, and all the walls, doors and windows were stained with nicotine.  (No smoking was a clause of the contract).  I blame the agent for not noticing this as in the 2 and half years the tenants have been in the property, none of the 6 monthly inspection reports mentioned any sign of this until the final report. 

The problem that I now have is that it has cost me £750 to restore the property to a good standard for the new tenants.  I sent all the bills and details to the agents to sort out getting the deposit of £625 to cover some of this (I was just going to write off the last £125 rather than the hassle of courts).  The agents told me that what I was claiming was reasonable and that I could expect the full deposit.  Yesterday, 3 months on (since the tenants have not disputed the claims) the agent has finally given me £478.60!!!  £146.40 less than I was expecting, when I spoke to the agent they said that the remainder was to pay a contractor for unblocking drains that the tenant never paid for. 

I was aware that the tenant had complained that water was not draining a few months prior to leaving and the agent sent a contractor to investigate (no charge) and found that the pipes were blocked from fat down the sink, and that the tenants could have very easily cleared blockage themselves.  At the time the agents  were specifically told that the blockage was the tenants responsibility to fix either themselves or by paying someone.  The tenant obviously chose to use the agents contractor, and the only information I received from the agents was that it was all sorted.  Didn't hear any more about it it till today when the agent said they took some of the deposit first to pay their contractor.

Can the agent do this?? surely it's up to the contractor to chase the tenants themselves for the money they are owed as it is not anything to do with me.  I still have to pay my contractors, so I don't understand how its fair that the agents contractor takes priority over mine, just because they hold the deposit.  Especially since the drain work that was carried out was an agreement between tenant and contractor /agent.

Just out of personal interest did you have a contract with the estate agents with a clause that stated that you they had to notify you of any maintiance work before it was to be to carry out?

Yes, it was part of the original management contract, as its only a partial management. (went for this option so I didn't have to constantly take calls requesting work from tenant, and the agents contractors are always 2 -3 times more expensive than if I find someone, but also gives me option that if I couldn't find anyone I could just use their contractor).  I am seriously considereing taking the property off this agent now and just doing it all myself.

The work that was carried out on the drains should not have been part of this, as there was no maintance for me to do, the drains were blocked due to tenant neglect amd pouring fat down drains and when they complained to the agent, tenant got contractor to unblock at a cost to them but then never paid.  I was never part of the discussion and I wasn't aware the tenant had not paid till agent did not give me all the deposit.  (If it was left to me after they moved out I would have unblocked it myself, its not difficult. which apparently the contractor told the tenant at the time)

Please be careful of advice received from websites (including my own) and always do your own research.
Obviously I cannot understand your full situation from a small blog...

Apologies for the next part::
Assume in this world that everyone from agent, tax man, tenants, council, british gas, government, bank, accountant  is out to get the Landlord (paranoid? moi?  ) ..trust no one..where you can do it yourself then do it.

Next time take the deposit yourself...register it with the DPS scheme, there is no need to let the agent have control of the deposit.
Hear endeth the sermon (apologies again)..


Going forward I would suggest (and this is a very very slim chance of success )...you take up the following options with them.

1. They refund some of your fees in order to:
a. keep your business in the future
b. prevent you from making a complaint to ARLA or whatever (bs) organisation they are claiming they are affiliated to.

It might be the cost of managing the complaint or forgoing the future management fee is enough for them to either
a. Give some/all money back
b. Negotiate a lower fee in the future

(although I would suggest they arent worth doing any business with anyway).

Best of luck