UK Landlord Forum / Life

Hello,

now I need a little help. Yesterday I got a letter from a court abroad.

What happened.
Well I let an apartment for 3 years to a tenant.
The tenant worked remotely from this flat or on different clients. Payment was punctual but he was extremely busy and self-employed. So as I am. So I had full understanding that working people are busy.
I have read the full e-mail conversation (given by the court) between the agency and the tenant. I was never informed by the agency about the situation. I thought everything is fine.
The agency requested a plumber check after 18 month. The tenant requested further details about this and that he is working in a secured project therefore the plumber has to be checked first. he offered over 20 appointments all was rejected by the managing agency. Then the discussion starts about a saturday visit, (additional fee 35 pounds), so nothing. But he was not willingly to pay.
Over the time the dispute escalated and the managing agency demanded times between 10 and 3 on weekdays. the tenant rejected this and offered at 6 am or 8 pm.
The check should took 2 hours. He offered that he would be available but the agency has to pay his lost of income 1000 per day. So they agreed an appointment of 8 am and finished till 10 am. the plumbers came at 9.58 and was informed they have now 2 minutes to finish, so they left. But he now demand the payment for half a day.

The tenant felt offended by one of the agencies employees because she was not willingly to write to him with Mr and the surname.
Everytime if she wants to do an inspection she was rejected and informed that he will not communicate with her until she shows respect but her collegue "James" was allowed to communicate with the tenant. She wrote him everytime with Dear "JOHN".
The agency charged him because he sent a plumber away because he wants to seal the shower. But no one informed the client that the shower could not be used for 2 days. (It was high summer).
At the end of the day. the tenant moved out and in his termination letter he stated harassement and offensive behaviour. I did not heard anything before of this trouble, so I was wondering that he moved out. It was 3 years with rent payed on time.

Another escalation was the heating invoices was done over the agency and paid from the tenant directly to them. After 18 month he found out, that he was overcharged and the actual reading is on the value of the estimated 18 month ago. So he claimed to get money back. The agency sent him to the energy provider, the provider said he is not the contract partner. so he sent corrected invoices on his estimates for the 6 quarters to the agency. the agency doesn't paid back. So he sent for each quarter a late payment reminder and charged for each quarter 40 pound based on the late payment act. unfortunally officially I am the contract partner for the energy provider.

After that a discussion about the check out fee started. The tenants position is, the check in was done by the letting agent without fees and now it was outsourced and he will not pay the 120 pound for a check out. "If he has to pay, he will decide which company is doing the job." So he found a checkout company which has special offer 10 pounds for new clients. (maybe new on the market), so he hired them. Honestly the quality of the checkout was perfect.

The worst thing happened shortly before the moving out date.
The tenant sealed the property under witnesses for security reasons.

The agency asked for permission to enter and informed the tenant has not to be there and they will get access with the management keys. The permission was not given. The opposite was the key, it was strictly forbidden by the client. Well the agency should show the property to potential tenants.

Well the client was abroad for two weeks and the apartment was unlocked and the seal was broken. That was 5 days before the tenancy ends.
The only person with keys are the letting agency and the tenant.

And here the trouble started. The tenant terminated the contract with immediate effect and called the  police and gave the keys back. He claimed theft of electricity, what he can proof, because he turned off the main switch and the switches was turned on.

days later the checkout company was in and is suspected of trespassing and theft of water and light. Looks like that this crimes are in the tenants countr (he moved back) are serious crimes.
The problem is the managing agent claimed the rent for the 5 days and the tenant responded, he terminated with immediate effect if not the checkout company has broken in in his apartment without permission.

He was not willingly to go into the TDS process because he was at this time in the USA for 3 monthes and had not enough time to send documents.

Now he claimed in court the fees for the heating, the costs for an additional set of keys set he had permission for or these keys must given back to him, the 500 pound for the lost of income based on his T&C (unfortunally in one email the agency accepted his T&C), 300 pound for a brand new microwave (the microwave was new but he left it and I let it to the new tenant, so it is used now) or the microwave back, a few smaller items he left in the storage room (all together less then 50 pound) the deposit back. He presented for everything an invoice. Plus for everything interest fees.

He apologized that he has to claim me but he is my contract partner. I never heart from the problems before and felt that my agency have brought me into big trouble.

The court took the case and said as private person he can claim in the court he is living based on some European law. I checked it and it looks that I could not avoid to go into a court in another country.

I don't know what to do? The cost of a court case could be become expensive and I am ordered to show in person in the court. Well the TDS and the agency are ordered to come too.
It looks like that in this country the court fees and the solicitor fees that I can claim back are limited. I called a few lawyers abroad if they can represent me but all of them wants to get 5000 on fees upfront. I could claim back if I win 500. He claims around 2500 as damage.
I am not sure to win it. Do I have any rights against the agency?

Wow, what a story!

It does not appear to me that the Tenant has in any way acted unreasonably.

The Agency on your behalf have acted unreasonably.

I would guess you would loose in court.

I would therefore speak to the tenant and get some closure.

I am amazed that if this is the same tenant who was insisting on a Sunday check out, that you left this detail from your question.

My only advice would be to speak to the Agency, point out where they have gone wrong, that you feel they are liable, and see if they will pay half the £2500 he is claiming, which they should, that way you will be only £1250 out of pocket.

Turn up yourself for the check out, and apologies to the tenant for the failings of the Agency. Be nice, he might let it go.

Your son will have to move in the following weekend, live with it.

Hi boboff,

no it is another tenant. He moved out around a year ago. I have met him twice at the yearly inspection and the apartment was very clean and organized and he was very friendly.
Well I will try to contact the agency but I have less hope because I terminated the contract with them this summer.

Thanks