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sidam
28-11-2005, 11:39 AM
My husband and I are working in Brussels for the next three years. We have, in the interim, let out our flat (one year tenancy) using and agency in Islington who act for us as letting agents and provide full management.

Before leaving, I had the flat professionally cleaned and assumed the pending inventory would reflect this. Alas, a year later, we have learned that the mandatory inventory we thought was in the hands of our management company was: either lost; or the company went out of business; or it was never done. Today we received the checkout list which was prepared by another company unfortunately without benefit of an inventory; and it was gruesome reading indeed. The list includes a broken freezer which our former tenants claim never worked, though we never heard anything about this during the tenancy. The agency cannot be helpful because they never saw the flat at the beginning or end of the tenancy, and in fact visited it only once during the tenancy - they are required by contract to visit the flat four times a year. Meanwhile, new tenants have been found and a new inventory has arrived, which predictably reflects the dire state of the flat as left by the first tenants, but also states in small print that the flat will be cleaned. To corroborate our claim that the flat was in pristine condition when we handed it over to the agency, I have contacted the cleaning company which has sent a copy of their check-out list and bill. This won’t help our new tenants who arrived to find a dirty flat and are already very unhappy. They also seem to be under the impression that the previous tenants’ furniture would remain–we have offered our flat partially furnished. The Agency says that, as they are Spanish speaking, they must not have understood. They are now going to provide a long list of repairs they want done. We are naturally concerned that miserable tenants might make our lives difficult, while the agency's neglect is worrying us. How can we get the situation in hand and keep our agency in line and do their job?
Thanks for any advice.
Gayle

MrShed
28-11-2005, 11:49 AM
Hello sidam and welcome....you are our 1000th member! No prizes im afraid, just the glory :D

Onto your question. Unfortunately, as you seem to be aware, a "lost" inventory is as much use as no inventory at all. If you have witnesses to the state of the property prior to the current tenants/previous tenants moving in, then this would help your case were you to make deductions from their deposit, although is obviously not as valuable as an inventory. MY question to you is...you say the letting agents did not look at the place at the beginning of the tenancy. Did they find the tenants etc for you, and managing the property FROM the beginning of the tenancy? Or did they manage it part the way through the tenancy. If the former, then I would suspect you have a case for negligence against the agent, and would certainly pursue it, as they would be responsible for your financial losses. With regards your current tenants, ensure that the inventory is redone once the place is cleaned, and ensure there are two copies, both signed by the tenants. It is the tenants fault they misunderstood the furnishings, what kind of repairs are they after?

sidam
28-11-2005, 12:27 PM
Thanks for the welcome.
The in Islington has been with us from the start. When I left to catch the eurostar, I passed by and handed over the keys. Perhaps, I should have insisted they meet me at the flat. They were bought bout half way through the tenancy but very same people moved from one to the other. They're bigger now but otherwise little has changed except they seem to outsource check-ins and check outs now.

I don't have the list yet, but I'm worried. Savills ( for once) is reliable in passing on all news that the tenants are unhappy with the flat. Thanks for the advice re second inventory, which I'll follow.
Gayle

MrShed
28-11-2005, 12:34 PM
If they took over part way through, did you not make a inventory yourself at the start of the tenancy? I do not think they have done anything wrong in this case, as no they wouldnt make an inventory part way through a tenancy, as it is pointless.

sidam
28-11-2005, 13:27 PM
You have misunderstood. Our Agency, which provided letting services and full management, found the tenants and arranged to have the inventory done was bought out halfway through the tenancy by a large well-known company. The same staff has remained , and all agreements, conditions, continue as before- ie only the name has changed. The company that did the inventory has, according to the agents, lost it, or never did it...

If this is the case, what are the agents obligations to us? Even if something had gone wrong when the agency changed hands, they would have had an obligation to inform us. As these are the very same people who created the contract found the tenants and organised the inventory. How is it possible they don't know what happened. Aren't they obligated to imform us and set it right as it is in the contract that an inventory is mandatory.
Gayle

MrShed
28-11-2005, 13:32 PM
Ah my apologies. In this case, the agent is negligent and you should pursue them for damages through small claims court.

sidam
28-11-2005, 15:30 PM
It will not be possible to persue the agency at this time because we are both working in Brussels, and because we have new people in the flat with a tenancy agreement. We need the income to cover our rent. I need advice about get the agency to correct their error.

MrShed
28-11-2005, 15:33 PM
The only way to FORCE the agency to correct their error is by taking them to small claims. You can encourage them to do so by telling them you believe they are negligent, and as such they are both morally and legally responsible for your losses. You can file small claims online bear in mind, I believe the address is www.moneyclaim.gov . Other than this I fail to see what you can do, or what you expect us to say, as quite obviously the only way to enforce them to correct their error is to sue them.

sidam
28-11-2005, 16:52 PM
I'll have a look at the site afterwhich I'll approach them in writing with my position ie they are negligent and see what they reply. Thanks for the advice. Gayle

Paul_f
29-11-2005, 19:29 PM
Posters sometimes do not give a clear picture as to what has actually happened in a chronological order using bullet points! and it's difficult to decipher everything.

I would just say that if your new tenants are Spanish, then if their English is poor, and your current agent did not demand they provide an interpreter who went through the whole tenancy agreement with them in the agent's presence beforehand then they too might struggle to enforce any of the covenants that require action by the tenants in order to keep your prioperty in "reasonable" condition. You can't make them have the property "professionally cleaned" when they leave, even if it says so in the agreement.

slick
04-12-2005, 20:17 PM
Hello

You could either sue, as aforementioned, or speak to the agents to get some sort of compensation.

I would recommend using an indepedent inventory clerk to do a full inventory, check in and check out. There inventories are a lot more comprehensive, and thier check in/out services too.

sidam
05-12-2005, 12:34 PM
thanks for the reply. Form aside; why can the deposit of the previous tenants not be docked to clean the flat if it is left a tip? Our current tenants are spanish speaking, and as I have now learned, they believed they were renting a fully furnished flat.