UK Landlord Forum / Life

More advice please: previously I had reported my ex-tenant had left house filthy & I felt the cost of cleaning it to a re-lettable state should come out of their deposit plus the few repairs to damage. (These were the ones that had kids jumping off 1st floor roof on to trampoline & broke fence!). The tenant disagrees that cleaning is necessary & the letting agent has suggested discussing a compromise. The tenant left over 6 weeks ago & still nothing has been done. The letting agency advised me that they could get quotes for the work needed but this so far has taken 5 weeks, just to get quotes. Apparently, their "contacts" have been very busy. I have some potential interest from new tenants so want to get the house sorted asap. I am considering paying for the work necessary, getting written quotes 1st so house can be re-let & persuing the tenant to then pay from their deposit. I have been advised by the letting agent that the decision for deposit deductions would be made by the tenancy deposit scheme. Is this correct? If so, what do I need to do to get the best chance for a decision to go in my favour? Am I right to proceed with sorting the problems before a decision is made? Thank you.

Hello Myballou,

On the assumption you're 100% right (i.e. you're not actually being pedantic about specs of dirt and your agent has not got the balls to say so to your face)...

1 - Drop your agent.  Last time I needed to get quotes for cleaning, I had three e-mail quotes from three phone calls in one afternoon from 30 mins of calls.  Your agent is jerking you around.  Five weeks is just rubbish.

2 - If your agent is worth their money, you should have the following documentation to hand: The moving in inventory which is specific about the level of cleanliness.  The signed moving out report.  Or if the tenant refused to sign, some detailed photos.  Either of these will show the cleanliness level on exit.  So you should have all the documentation you need to settle the deposit dispute without it effecting the timing of your re-let.  If you've not got these docs, consider how "value add" your agent is for the money you give them.

3 - Your agent understands how void periods destroy profit.  At this stage, your agent should be nagging you to turn around your property for re-rental promptly.  It should feel like when your mum used to have a go at you.  Never felt nice, but you know it's for yor own good.  Your agent tolerating it sitting there void and unattractive to new tenants is just rubbish.  If they're not negging you, then they are not looking out for your best interests.  Think about dropping them.

So I think my plan would be:
- Change agents
- Do the work myself and pay up-front
- "Compromise" with tenant from a position of strength.  "You know I can go to aribitration and show I can get £x, so if we settle quickly without arbitration, I'll take £x-5%.  After all, it's your money which will be tied up for weeks on end if we arbitrate"

Hope this helps.  Please let me know how you get on.

This is one of the reasons I no longer like using an agent, except for introduction only of a new tenant.  Even then, I like to use an online agent such as UPAD if circumstances allow, as they are much cheaper.  I don't like being charged an arm and a leg and then being messed around with shoddy service (I use the word "service" rather loosely).

We like to manage our properties ourselves now.  It is easy enough once you have built up a list of trusted workmen in the area.  It means you make your own decisions regarding the state of the property, what cleaning/repairs are needed and how that affects the deposit.

My understanding is that it is us as landlords who make the decisions regarding what to deduct from the deposit, providing it is reasonable and not just "wear and tear".  The tenant does have the right to dispute it though, if they are so inclined, and that is where my knowledge ends, as my experience of that is limited.  It can be taken to arbitration, I understand.