Check-in / check-out dilapidations

[Suzan0912]

I let my property through a "so called" reputable LA, registered with ARLA. The Tenant has just moved out and the check-out inventory shows there is damage and marks to walls, marks and cigarette burns to carpets, furniture and curtains. Wooden worktops are burned, marked and have stickers on them.

Questions:

1. I am fully within my rights to have all these remedied and the funds taken from the Tenant's security deposit? If there's a shortfall do I have the right to ask for the extra funds from the Tenant?

The Property is non-smoking but the Tenant has obviously been smoking there so is in breach of the Tenancy Agreement.

1. Should the LA have informed me of this breach before? They must have been aware of the Tenant's smoking if they inspected the Property.
2. The two past six monthly inspections, the last one in January 2012, gave no indication of any wear, tear or damage. Do I have any claim agains the LA?

Any advice gratefully received.

By the way, my LA is in the UK and I live in Turkey

Thanks

[Snorkerz]

At present, the deposit money belongs to the tenant.

If the tenant agrees you can have the dposit money, then you can have it. If not, you can either request arbitration via the deposit scheme (the tenant has no obligation to agree) or you can sue the tenant for any provable damages.

Do you have proof of the good condition of all the 'damaged' items at the start of th tenancy? You will only be able to claim for damage beyond 'fair wear and tear' (well you can claim for more but you won't get it )

With regard to the agents responsibility to you, you need to see the agency agreement and work out if they didn't do anything that they agreed to do. However, the ultimate responsibility for any provable damage lies with the tenant.