UK Landlord Forum / Life

Good evening all.  My first post so would appreciate any help/advice you could give me.

I have had tenants in a property of mine, who moved out at the end of February after 4 years, having been my first ever tenants

Throughout the period, I paid for an Agent to manage for me.

The deposit of just over £1000 is with the DPS.

The tenant failed to do a number of things, prior to check out, which I understand as per the tenancy agreement were his responsibility, and so effectively he has breached his agreement.        ie:   clean gutters/fascias, soffets and windows.    Also, wash down all walls.   

The main issue however are the gardens.  The back garden particularly is in a dreadful state.  It needs returfing to bring it back to its original condition, as when it was let out.   Seeding it, would just not be good enough.  It would be a lengthy process.. it would need a lot of care.. to both germinate, and grow. 

I need to get my property readvertised, and be able to get new tenants in as soon as possible.

My question is, should the tenant be given the choice as to whether he wants to pay a quote for the seeding of the garden, or a higher quote (naturally) for the re-turfing taken from his deposit?    Surely he shouldn't be given the option to choose?!   I understand the Agents are putting the quotes to him.   Together with quotes for the cleaning of gutters/windows etc, and washing down walls.

I would appreciate any comments. thank you       

The agents have failed in their duty to allow it to get to this state.Assuming regular inspections were included in the deal you had with them,they should have spotted this and brought it to your attention,and spoken to the tenant.
I had a similar situation,where agents had allowed a garden to get into a terrible state over the course of a few tenancies,so I had to pay £800 to get it sorted out.I know tenants can live as they wish,within reason,provided they return the property in the state they found on moving in.However,gardens are another issue.I would insist on turfing,and make it plain to the agents that you will settle for nothing less.Assume you have photos taken before they moved in?

Aren't you going to fall foul of expected timescales for returning the Deposit post-tenancy? If your ex-Tenant raises a dispute via the DPS you should not expect too much. I'd be pragmatic. Most people like the idea of principles. Sadly, they don't seem to get people far in rental disagreements. 4 years of rent has served you well. Pragmatism. What you can't do is unilaterally take from that ~£1,000 deposit, which I'm sure you realise, and accept.

Who has "wash down walls" in their ASTs?

Surely the deposit return deadline is extended in the event of a dispute? I can't agree that the landlord should be expected to foot the bill,otherwise why bother to take a deposit? In paying the rent for 4 years, the tenant has not done anything other than fulfil his legal obligations,so I don't see that he is owed any great favours.It does not sound as if this is just a case of running the mower over the lawn.

The trouble with gardens is it's highly subjective as to what constitutes reasonable wear and tear. Not all tenants are keen gardeners and you can't really expect too much if they're not. Plants die: we're all mortal, after all.

As for the rest of it, a window cleaner is a tenner or two and the gutters are the landlord's responsibility. As Hippogriff says, you've had four years rent from these tenants. Now it's time to get the place turned round and re-let: concern yourself with your new tenants, not the old ones.

Quote from: heavykarma on March 20, 2018, 03:59:28 PM
Surely the deposit return deadline is extended in the event of a dispute?

Yes, if a formal dispute is raised. The Landlord here didn't seem to imply that was the case, yet... more that it was just being held onto at this moment in time. That was my warning... coupled with the truth that the Landlord cannot make unilateral deductions.

Quote from: heavykarma on March 20, 2018, 03:59:28 PMIt does not sound as if this is just a case of running the mower over the lawn.

My focus is on the Landlord's focus... get the property earning again; it seems like a state of Limbo exists at the moment. Let's move on, 'cos it's time to groove on...

Firstly .. a massive thank you for your replies, and apologies for not posting an update.
It was a battle... but in short, he eventually agreed to release monies to the Agent, from the deposit, to fund the returfing of my property and .washing down the walls!
On this occasion I feel lucky, as it transpired for a previous tenancy he had point blank refused!

Thanks again everyone