UK Landlord Forum / Life

Good Afternoon
Please forgive me if this post is long, but reading the welcome it says to give as much of the story as possible although I will try to keep to the main points 

4 years ago my husband was offered a job abroad, a 12 hour flight away, he took the job and we placed our family home in the hands of an excellent highly recommended Independent Letting/Management Agent, who then 5 months later sold her business to a large Estate Agents who took over the full management of our house.

The original Agent had a full inventory done of our furnished house by an independent inventory Company, when the tenants came to leave 2 years later there were mega problems/damages in the house, as it was a Company let about 80% of the damages were completed. There was so much damage and dirt and grease, they had to have 3 professional cleans, all toilets had to be treated with acid, but still could not remove black stains, Agent said was a state, yet 2 weeks previously I had a usual letter to say a house check had been done and all OK. I informed the agents that the tenants had left the property early as one of my neighbours got in touch to tell me and that also all the windows upstairs were open. To see what was an immaculate family house in the state it was left was heartbreaking.

New agents send someone to check the house is OK every 3 months apparently and we could not understand how many of the damages etc had been missed, as the damages were bad I flew back to the UK to be at the house while various workmen were in and out.

The Agent then informed me that he had new tenants, a couple with one child and one dog and they wanted the house unfurnished, so I placed all my furniture into storage. A new inventory was done on the empty house, cost the same price as when they did it fully furnished.  (The Inventory Company was changed to a different one after the last tenancy) I did bring up the fact that there were things on the new Inventory that were not in the house or garden i.e. Large Gas BBQ as I had emptied the house of all furniture and belongings - it appeared they had simple copied and pasted from the original inventory - but despite numerous emails to the agent regarding this, nothing ever came of it and they said the check out one would be more up to date.

I then found out months later that the new tenants were known to the Agents and the previous agent had stood as rent guarantor, plus they had 2 dogs and 4 or 5 children from their previous marriages and that they came at weekends.

We decided as my husbands contract was renewed for a further 3 years so we decided to sell the house, the Agents wanted to sell the house for us but as they  agents were exceptionally bad at replying to any correspondence we informed them we would use another Estate Agent. The agent informed us notice would be given to the tenants but they did not want to let people view, so I waited until they vacated the property 3 months later.

The tenants moved out 2 days before then end of their tenancy expiration date, I was not allowed the keys  until the 1st of the month, 2 days later, when I saw the state of the garden, dog poo's, holes all over the garden and around the perimeter of the house, badly neglected garden and patio area, plus my meter readings were different from the ones the inventory Company had done, plus the check in and check out inventory did not match yet the Inventory Company stated all good, also full professional clean was supposed to be done but many issues regarding this. Also Inventory Co had signed that all doors were locked and boiler off etc, however the patio doors were unlocked and the boiler was gurgling away. I had requested someone from the agents office be present at the check out especially as the amount of damage last time - but he declined.

I immediately took photo's of the house/garden/meters and contacted the Agent, who said it was not his problem and that I would have to write to the inventory Company with these facts, and make a claim to them, I have stated many times to the Agent that I was paying for a full management service which included the inventory and he said they go by what the inventory people tell them when a tenant leaves, and if I want to check the inventory was done correctly then I have to be present. Meanwhile gas and electric invoice was so high as the readings were not done correctly, that I contacted the agent, who informed me, the readings were changed and the utilities had been informed, although I had never been told of this, when I contacted the utilities they informed me they had recently received a letter with the new readings on.

I still have not returned the tenants deposit, the agents keeps emailing me, saying as we have sold the house so what is the issue with giving the tenants their deposit back, I have asked him who the deposit is lodged with, he gave me the name but no reference number- I have written to them but as yet no reply.

I have said if the agent refunds the inventory check out cost and pays the gardener that I used to try to get the garden in some order before selling (I cleaned the dog poo up myself and did as much work as I could) then I would give permission for the deposit to be returned. (I understand agent should pay inventory refund and tenants should pay for missing items and state of garden)

He has declined and said he will stick with his decision that the check out inventory was OK and as there was no mention of holes/dog poo etc nothing would be deducted from the tenants deposit, and as he uses an independent inventory company, then I have to claim direct from them, when I told him I was using a full management service that means living so far away they would look after everything for us. Inventory costs were deducted from our account, we have never paid the Inventory Company directly. I have no idea why he changed Inventory Companies to the latest one as the last Inventory Company seemed very good and were comprehensive in both check in and check out.

Sorry to have gone on so long, there was quite a few missing items etc in the house, but I will not mention them, just in a nutshell - The full Management agents are not responsible for the inventory, I have to check its OK and if problems contact the inventory Company directly, even though I cannot check each inventory as we live so far away and that's the reason we paid for full management.

He has gone very quite now, so I assume as time is coming on the tenants will receive their deposit back in full as no Government Agency has been in contact with me to ask why I don't think full deposit should be given.

My husband says just put it all down to experience and let it go but I find it so hard as we been paying for full management for 4 years, so surely Agent should be responsible for Inventory?

Thank you so much for reading this long post believe it or not I have trimmed it down quite a lot 
Many thanks

Read the terms of the agency agreeemtn you signed.
What does "full management" mean?

Hi and thank you for replying theangrylandlord

I have already read the full management terms and it states they cover everything for us, i.e Tradesmen, Inventory, rent collection, tenant issues, this was from the original Agent before she sold to this large Agents, they took on her existing clients ( we were one of them.)

I just don't understand why they are not responsible for the Inventory Companies report, 2 days after the tenants had left and I was given the keys, and I saw the mess, I immediately rang the Agent and requested they send someone to see - but they declined and said they will go by  the report of the Inventory Company.

I have found out the new Company employed is run by a  lady who is an independent Inventory clerk, I can not find any Company address only contact details is a hotmail address, I have never been sent an invoice, just had the inventory costs of check in and check out deducted from our account by the Agent. Full check in Inventory just has the Company name on the front with a hotmail address.

We took on Full Management as we were moving abroad for 1-5 years, therefore needed someone to totally look after our house for us - the original agent we used had a fantastic reputation as being very through and involved - no one mentioned that she was selling her business to a large group - The new Agent is a Franchisee of this large group we believe.

Many thanks

Think
What isn't clear is if the agent was responsible for the accuracy of the inventory or just getting one.  The accuracy might something that you need to chase the inventory company over, however I assume the agent signed on your behalf (?) so they should be culpable as well.

Quite honestly I think you are on a hiding to nothing ...you have learned what some of us worked out a while ago and that is that 99,99% of agents are lower than whale sh!t on the bottom of the ocean floor creaming of money from landlords for generally piss poor work.

You have some albeit limited options
1. Complain to whichever association the agent is affiliated with
2. Some of the larger agencies have their own complaints procedure which are probably a waste of time
3. Make a small courts claim for damages - but that will cost time and money and may require a trip back to the UK

I'm afraid your husband might be right although option 1 and 2 are low cost low energy steps (but then also low probability of success)

I note your comments about the deposit and they concern me. I suspect that the deposit is in the agents name (?)
In which case I suspect no one is going to contact you as the agency agreement might well include a clause that says the agent can deal with the Deposit on your behalf.  You might want to check this and state in writing that you want to claim against the Deposit before it is too late ahve sort out the deposit before you make a complaint...

Sorry not much good news
Best of luck

Thanks again theangrylandlord 

Will talk to my husband later, just find it unbelievable after paying for full management for 4 years and the Agent not responsible for any issues - learnt our lesson now though .

Have to say, he has told me the name of the Company where he has the deposit, but he declines to give me the reference number, I contacted the Company but without the ref number, not a lot I can do even though I gave them the full address.

Lesson learnt

Many thanks and have a good weekend