Anyone a Landlord.. Help please!!!

[bored_Welsh_lad]

Hi all,

I bought a property with my partner and we split up due to me being away all the time in the RAF. I had to take the property on as the house was in negative equity and looked to rent the place out. Which is where the saga begins.

I lived in this place for 4 years, it was immaculate as it was our first house and I was gutted to have to rent it. Here are a few pics of the house from the letting advert.

http://smg.photobucket.com/albums/v206/dicky_morris/House/#!cpZZ2QQtppZZ16

I have had a tenant in for just under a year and during this time I have always gone out of my way to make sure the property is in a good state of repair, even when I was in Afghanistan last winter I was using my downtime to check emails and sort any issues soonest.

He has not paid his rent for last month, I contacted the Agency and they tried to get hold of him, but he had gone dark. He eventually turned up at the agency on the 27th March (his rent was due on the 17th) and told them he had moved out due to issues of harassment where the police had been involved etc.

This is the damage he has left behind:

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/s720x720/429911_10150645395412351_815452350_9259286_132941863_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-snc6/s720x720/64859_10150645395692351_815452350_9259287_1235567700_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-snc7/s720x720/64963_10150645395932351_815452350_9259288_1178349637_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/s720x720/430385_10150645396162351_815452350_9259289_646441721_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/s720x720/396461_10150645396432351_815452350_9259291_508347885_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/s720x720/419543_10150645396662351_815452350_9259292_1992891416_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-snc7/s720x720/422103_10150645397112351_815452350_9259294_127582318_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/s720x720/424193_10150645397362351_815452350_9259295_1085860082_n.jpg

I would like to point out that at no time during the tenancy was I asked if he could put up shelving anywhere in the property, I was never asked if he could redecorate the kitchen either.

The property was inspected in December whilst I was in Afghanistan and I was told it was "all in good order". Which after seeing these images has pissed me off because the propery has changed quite a lot and I was not informed. I have checked the contract he signed and it states:

"2.42   Not to alter the appearance or decoration or structure of the premises or its fixtures or fittings either internally or externally without first obtaining the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted)."

The only thing I had said to the tenant was that he could redecorate the spare room for his son as long as he let me know. I never said anything about shelving or drilling holes in the wall.

On returning from Afghanistan I had a text from the T asking if he could relocate the wall mounted fire and I told him in no uncertain terms was he allowed to do this. This is the only time he has mentioned anything to do with the walls.

These are the things I would like advice on please:

1. The overdue rent - He has a bond which I believe is 1 months rent @ £525. He already owes me one months rent plus he has not given me 30 days notice, if he pays the rent that takes him up to 17th March, notice was given on the 27th Feb. Can I charge for the extra 10 days in rent?

2. The kitchen needs repairing of the walls and repainting. Can I charge for the cost in manhours? If I do the work myself is there anywhere where I can provide labour costs from?

3. The big one for me, the spare bedroom. The wallpaper is ripped in several places and there is a multitude of holes in the wall, this room will need the paper stripping, the holes repairing and re-papering. What can I charge for here.

Finally, I don't think the bond is going to cover all of this, I have an address to contact the tenant on. If things get nasty and he doesn't pay up, whats my next port of call.

Thanks for taking the time to read this.

Dicky

[OakeyDoak16v]

Take the agency to the fu**ing cleaners. They are in the wrong big time. 

[Kerrse]

Take the agency to the fu**ing cleaners. They are in the wrong big time. 

This

Tie is why you employ an agency to deal with this kind of sh!t, I Have been on the other end & had money deducted for smallest things so they shouldn't have a problem with this.

He should have more than a months bond, the norm is 1.5months plus the rent is normally paid upfront so the money he hasn't paid would be next months not last months.

The agency have to cover this though that's why you use an agency that is their purpose

[R32UK]

I would check a couple of things first..

was the bond secured in the correct manner?

do you have the tenants current address?

when does the tenants contract expire?

Providing you have the first 2 covered, I would simply get down to the small claims court and file against the tenant. Keep all paper work. Pay some to do all the repairs and ensure you get a receipt inc pictures of before and after. (this is what I would do)

.... as you have an agency involved I would check the fine print of your contract with them and most likely ensure the fcukers are doing everything they can to help you resolve the problem. If not I would make it pretty clear that they will be included within the claim you will be making by highlighting their short comings within the specifics of the contract.

[rob.043]

Try and get the rent money from him, sure. But dont get overly stressed about it. Your agency need encouraged to do this for you.

It is a pain having holes in the wall, especially on papered walls, but just patch it up as best you can, its not a big job, and get the next lovely tennant in!

[The Mighty Elvi]

Before I get into the terms of the contract.

Did you get a signed inventory before he moved in?

Do you have pictures of the interior before he moved in with the inventory?

[bored_Welsh_lad]

Update.

Well this is the email I have just sent to the agency:

Hi,

I don't know who to address the following email to so I thought I would cc you all to make sure I get the email to the right person.

Firstly, regarding the tenant Robert. I have tried on numerous occasions to ring the tenant to try and resolve several issues which will be spoken of later in this email and left several answer phone messages. I have had no correspondence from Robert regarding any of the messages I have left.

Onto the issues with the house:

I have spent the last few days at the property and these are the conclusions and issues I have come to.

1. None of the windows in the property no longer have the keys in them. This invalidates my household insurance as when the property is empty the windows should not just be shut, but locked also. A massive issue for me, because right now, I have noone in the property. Where are these keys?

2. Onto the conservatory, well what can I say, first off, all the blinds were removed, how this was not spotted during inspection or march out of the property I don't know. But I thought ok, not a problem, they must be in the attic. Yep they are in the attic, covered in crap and one of them is missing, so now I have a nice big space where a set of blinds should be fitted. Surely during the inspection of the property this should have been noted, or possibly when marching out the tenant at the end of his contract.

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01179.jpg

3. The Garden, I decided that even though I had asked Rob for the keys in my answerphone message and got no reply, I would bite the bullet and grind the lock off the shed, oh what joys greated me inside. The shed was pardon my french, an absolute sh!t-tip. There was a box for the tv, some broken up drawers and a rare treat, RABBIT DROPPINGS!!! EVERYWHERE! I assume that during the inspection, the shed was not looked in to see if the brand new mower and strimmer were still in place? What about the actual flowerbed, 90% of the curbstones have been removed and 'dumped' on the chippings to the side of the lawn..

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01186.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01190.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01191.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01183.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01184.jpg



4. The side of the house. On the 14th September 2011 I received the following email:

            "We have had a quote regarding the work that needs doing at the property. For hacking off and for the rubble to be cleared and painted the total cost will be £160.00. If you could get back to us asap so we can give the go ahead for the work to commence."

Attached links will show you the side of the house. As you can see, the concrete plinth was removed but no paint was ever applied to the side of the house. You charged me £160 for this work, yet the work was not carried out. I would like to know how I go about re-claiming some of the money back.

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01187.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01188.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01189.jpg

5. Keys, When I handed over the keys for the property I gave a full set of Front door, inner patio door, outer patio door, shed and the back gate lock. I also handed in spares for the front door, the inner and outer patio door. When I collected the keys from Rosie I noticed a set was missing but assumed that they might be at the property. I have looked high and low and nope, no keys.. Could you tell me whether Rob still holds keys to my property and if not, can you check to see if you still have them and if not why not...

6. Damage inside the house. The photos that you sent me, showed very little of the damage thats actually occurred to the property. The living room has holes in every single wall, the door handle has been pushed so hard that they have put a hole in the wall behind it. As to prove a point, I pushed the door to see how hard it would be to get the door to touch the wall as it has a spring stopper to stop this.. I had to not just lean against the door but bounce on it, this was to get the door handle to touch the wall, let alone make a hole in it. Also, talking of that door, you failed to notice the hole on the kitchen side of the door where something has been screwed into the door.

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01174.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01173.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01172.jpg

http://img.photobucket.com/albums/v206/dicky_morris/House/DSC01171.jpg

Every wall in the living room has some kind of damage. The wallpapered wall, in which the fire is mounted on, now has a shelf mounted on it that used to be in the kitchen, I assume this was missed in the inspection? The small wall to the left of the fire has two big holes in it, as well as about 6 screws at the bottom of the wall. The large wall that runs the length of the room has I believe 10 holes that have been drilled, several massive marks on it and the hole behind the door from the door handle. The small wall running up the stairs has again got about 10 holes in it, I assume there have been shelves installed and removed but cannot work out for the life of me what you could put there because the space is so small..

I didn't even bother taking photos of the spare bedroom because you know yourselves how much of a mess this room was in.

Right now, I don't know where we go from here. Words cannot describe how angry I am that you have allowed the property to get to this standard when I have a "Fully Managed" contract with you. I wish I had a copy of the contract to highlight what roles and responsibilities you are supposed to carry out, but right now I cannot see how you have "managed" my property at all when you quote prices for work to be carried and it is not. You carry out "inspections" I used the word loosely, yet don't spot that a room has changed colour, or that shelving has been installed, and damage to the property has occured yet don't let the owner of the property know.

Below you will find a link to all the photos I have taken, including the original photos I sent you to rent the property, as you can see, a bit of a change hey. .

http://smg.photobucket.com/albums/v206/dicky_morris/House/


Onto the important stuff...

1. How do I get my keys back for the windows and the spares for the conservatory.

2. How do I get a refund for the "painting" on the side of my house that never occured

3. How do I get Roberts address so I can send him the small claims court paperwork as hes not willing to correspond with me to sort out the money he owes me.

---------------------------------------------------------------------------------------------

So,

Advice time people. First off, I don't have a copy of the contract but I have the tenancy agreement from that and at the top it says "fully managed" .. By law I assume I can ask for a copy of the Agency/LL Fully Managed contract to see what duties they have to forfill...

With regards the Tenant Rob, has anyone used the small claims for anything like this before?Being in the military its a bit of a nightmare, but if its easy enough to do then I will do it..

Sorry for the long winded email, but you can see the state off the place, if you look from page 2 of the "house" folder onwards you can see how it once looked.

[Roverdose]

alot of solicitors do a free half hour consultation to try and get your buisiness, maybe worth taking advantage of that and popping along to see someone who may have dealt with this type of problem before. hope it goes well for you mate

[The Mighty Elvi]

You need to see a copy of the fully managed letting contract.  If they have failed to adhere to any of the terms - such as making fully documented periodic inspections - then you can make claim direct from them for damages etc..

Any other breaches of contract terms you can also hold them liable for damages / recovery of costs.

To bill you from work not carried out is tantamout to fraud.

Small claims court procedure is very simple.  You should direct your claim against the agency first.  If they are responsible for collecting the rent, and failure of them to do so, will also make them liable (if its in the terms of the contract).

This is just off the top of my head, as It's really important you read the contract.

http://www.adviceguide.org.uk/index/your_rights/legal_system_index_ew/small_claims.htm

[bored_Welsh_lad]

Elvi, what if they won't provide me with the contract? I don't know if I actually signed anything.. Emails went back and forth, verbal agreements too place. The Tenants contract says its "fully managed"... but I dont think we ever signed anything..