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drramanjett
06-07-2010, 09:29 AM
Very stupidly in haste rented out my property to a social housing tenant.
1. She fell into arrears in the second month
2. Destroyed all furniture (4 children and dog)
3. Annoyed neighbours with noise, her dog did damages to neighbours garden
4. Kept her boyfriedn in without our consent
5. Left some of my furniture out in rain for 5 days
6. Left the house in unkempot state
7. Now doesnt want to share a penny of the damages (totaling 4k)
8. Has raised a dispute with DPS

Beware everyone and learn from my mistakes.
There was AST drawn, money was kept with DPS (which has the habit of coming in favour of tenant) and also I used a full management package of letting agency. She has now left - cleared her arrears, we are now trying to get the deposit back - and locked horns in a dispute (BTW i have only aksed her for 10% of total damages and have invoices of work that needs doing).

No one to blame but myself, but dont think that the law will do much, if you want to rent a house., do it yourself - be a member of an organisation, thats my 4000 pounds of wisdom.

Snorkerz
06-07-2010, 09:36 AM
Do you have an inventory showing the condition of the place when your tenant moved in?

You do not have to accept DPS arbitration service, if you decline, the tenant will have to sue you for their deposit back and you can counterclaim for any provable damage. You must ensure that the final court decision instructs DPS to refund the deposit accordingly.

Do you have a guarantor for this "Social Housing" tenant?

drramanjett
06-07-2010, 10:02 AM
The letting agent did the checks and no guarantor was kept, despite me pressing for it.

We do have a valid inventory when she checked in

Springfields
06-07-2010, 10:03 AM
Is there a guarantor? did the letting agent prepare an inventory?

Snorkerz
06-07-2010, 10:13 AM
The letting agent did the checks and no guarantor was kept, despite me pressing for it.

We do have a valid inventory when she checked inWhy did you accept the tenant without a guarantor? Or did the agent 'impose' the tenant on you without you having a choice?

Springfields
06-07-2010, 10:16 AM
If the inventory has been properly prepared there is no reason why the DPS should not rule in your favour for the full deposit amount. As an agent I normally prepare such a case for my clients- using the full inventory prior to occupation, photographic evidence of before and after. The move out report with itemised condition with the dispute information they send accross to you.

Regarding the remainder of the damages its a case of court action, however as you tenant is in receipt of housing you are likely to obtain an order of £5 per week to clear the debt which will obviously eventually clear the amount outstanding but over a period of time.

Do you have landlord insurance? I would check your details and see what you are covered for to persue a claim

drramanjett
06-07-2010, 10:43 AM
Why did you accept the tenant without a guarantor? Or did the agent 'impose' the tenant on you without you having a choice?

this occured to me as an afterthought after discussing things with the NLA.
but that was after the AST was drawn. The letting agent did chase her up for it , but the guarantor bit never happened and the T never paid heed to filling the guarantor bit up!!!! I carried on as she had paid the rents .... Luvly me !

drramanjett
06-07-2010, 10:46 AM
We have some advertising photos of the property before it was let out. We are currently in the process of taking photos of the damages after she has moved out.

I am also in the process of doing a check out inventory. I will also email her the scanned invoice for projected repairs.

But all it comes down to is for me slogging my ass for 400£ and getting a stomach ulcer in the process.

Ram

Springfields
06-07-2010, 10:59 AM
they sould have had the guarantor details prior to her moving into the property as

1. they need to ensure that the affordibility is there to cover the rent
2. The guarantor should sign the ast at the time of move in
Finding the guarantor after the tenancy has commensed and all has been signed is pointless.

in this case you may have claim that your agent has been negligent.

Why are you doing all this work? If you are a fully managed landlord your letting agent should "manage" this case from start to finish.