Agent allowed T to leave premises in much worse state

[Von67]

We appointed a letting agent to manage our house for 3 years while we were abroad. We signed up for a full management service. The tenants moved out a month ago, and on receipt of the check out report which noted nothing untoward, the letting agent returned their deposit. Two weeks after the tenants had left, we received the the mail, the inventory which tols a completely different story to the check out report. (Curiously, the check out report was emailed to us, whilst the inventory was posted.( the inventory noted that the tenants had decorated a bedroom (without our permission), the ceilings were very discoloured, the carpets were "grubby", I could go on. As a result of this I flew back to th UK to view the house for myself. One of the first things I noticed was the strong smell of cigarette smoke in the house, despite the tenancy agreement stating that no smoking was to be allowed in the house. Two bedrooms have been (badly) redecorated as I said without permission. The carpets have not been professionally cleaned , and the ceilings are very yellow, i asume from the smoking. The tenants have also left furniture in the house.

I emailed the letting agent to tell them of our concerns and basically to ask them what they had actully done in terms of managing the property. their reply said "we're not responsilbe for what tenants do, and we had no choice but to return their deposit after 10 days because that is the law. " Is there any way we can get the letting agents to accept responsibilty for allowing the tenants to leave our house in a much worse state than it was when they moved in?

[Paul_f]

There are many posts on this and on the letting agent questions forum which I suggest you read as they will mostly answer your concerns.

[Von67]

Thank you. I wasn't sure where to post this question.

[mind the gap]

We appointed a letting agent to manage our house for 3 years while we were abroad. We signed up for a full management service. The tenants moved out a month ago, and on receipt of the check out report which noted nothing untoward, the letting agent returned their deposit. Two weeks after the tenants had left, we received the the mail, the inventory which tols a completely different story to the check out report. (Curiously, the check out report was emailed to us, whilst the inventory was posted.( the inventory noted that the tenants had decorated a bedroom (without our permission), the ceilings were very discoloured, the carpets were "grubby", I could go on. As a result of this I flew back to th UK to view the house for myself. One of the first things I noticed was the strong smell of cigarette smoke in the house, despite the tenancy agreement stating that no smoking was to be allowed in the house. Two bedrooms have been (badly) redecorated as I said without permission. The carpets have not been professionally cleaned , and the ceilings are very yellow, i asume from the smoking. The tenants have also left furniture in the house.

I emailed the letting agent to tell them of our concerns and basically to ask them what they had actully done in terms of managing the property. their reply said "we're not responsilbe for what tenants do, and we had no choice but to return their deposit after 10 days because that is the law. " Is there any way we can get the letting agents to accept responsibilty for allowing the tenants to leave our house in a much worse state than it was when they moved in?

What does your contract with your lettng agent say about the extent of their responsibility in terms of managing the property? What does it say they will do at the end of the tenancy, for example - does it say that they will notify you of any damage/disrepair? Does it say they will handle the return of the deposit via the deposit protection scheme (they did protect the deposit, I take it? (If not, that might be the reason they have returned it without any dedcutions).

[Bel]

In addition to above post, I would also say that tenant should leave property to the same standard of cleanliness and make good any unauthorised changes. This can all come from the deposit if they have fallen short. The agents should have deducted it. Returning the deposit within 10 days is not the law.

Your agents are defective. Are they members of a regulating body?

[Von67]

In addition to above post, I would also say that tenant should leave property to the same standard of cleanliness and make good any unauthorised changes. This can all come from the deposit if they have fallen short. The agents should have deducted it. Returning the deposit within 10 days is not the law.

Your agents are defective. Are they members of a regulating body?

Yes they are members of the National association of Estate Agents. They are saying that they didn't know the tenants had decorated without permission, their quarterly inspections didn't notice evidence of smoking(!), and that it's up to us to chase the tenants if we're not happt with how the property was left. Has anyone got any advice as to how we should proceed?

[jeffrey]

Yes they are members of the National association of Estate Agents. They are saying that they didn't know the tenants had decorated without permission, their quarterly inspections didn't notice evidence of smoking(!), and that it's up to us to chase the tenants if we're not happt with how the property was left. Has anyone got any advice as to how we should proceed?
Dump the Agents, for a start, if the Agency Agreement so permits.

[Von67]

No, we didn't give them permission to return the deposit. We didn't get the check out inventory until after they had returned the deposit to the tenants. The letting agency is saying that because they hadn't heard from us, they had no choice but to return the deposit. As soon as we received the check out inventory, noting the discoloured ceilings, grubby carpets, redecorated room, tenants furniture left in the property etc, we got on to the letting agents to raise our concerns.

I have been back to the UK to view the house and it really is in a bad state. The letting agents are saying it's nothing to do with them, and we have to chase the tenants if we want the damage rectified. surely this can't be right, when we were paying them for a "Full property management service?"

[Bel]

First find the letting agent guidelines / regs from the NAEA website. Have a read to see what they may have breached. You must first put you grievance in writing to the agent and what compensation you deserve. Then wait to see their reply. If not satisfied follow up with a complaint to NAEA.

[Von67]

First find the letting agent guidelines / regs from the NAEA website. Have a read to see what they may have breached. You must first put you grievance in writing to the agent and what compensation you deserve. Then wait to see their reply. If not satisfied follow up with a complaint to NAEA.


I have already written to the agent who have told me that they "will not be paying for anything". They have said they'll forward any receipts for work we do to rectify the damage, to the tenants. I'm not confident that they'll pay up, especially as they've already had their deposit back! I'll have a look at the NAEA site. Thanks to everyone for your help.

[Paul_f]

Von. Make a formal complaint to the NAEA 01926 496800 and ask for the Compliance Dept. which will guide you what to do.