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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A rental agent, assisting a relative (the landlord) managing

Resolved Question:

A rental agent, assisting a relative (the landlord) managing his rented property, returned the deposit to the outgoing tenants believing the landlord had agreed to its return. In fact the inventory checkout said the flat needed further cleaning as the cleaning was not up to standard. The flat was professionally cleaned before the tenants moved in. Does he have any redress. Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Do you know their forwarding address please?
Customer: Yes
Alex Watts : who took the inventory? Does it say everything is ok?
Customer: The same inventory clerk who did the checkin. The flat was clean but the standard was not good enough. Not professionally cleaned and not vacuumed under beds, furniture etc. dirty socks still remained under beds.
Alex Watts : The clerk is that a managing agent?
Customer: No independent inventory clerk appointed by the managing agent and paid for bytenants. The landlord paid for checkin report which was signed and accepted bytenants
Alex Watts : I see. Can you do anything - against the tenants the answer would be no.
Alex Watts : This is because if you took them to court they have a document that says everything was ok.
Customer: What is the reasoning for that answer
Alex Watts : Who is to say they caused it when the evidence days not.
Alex Watts : There is evidence from the inventory and that did not pick up any problems.
Alex Watts : However
Alex Watts : I do think you may have a claim against the clerk or agent.
Alex Watts : That is because they are instructed to do a job and if they do not then you may have a claim.
Alex Watts : You do not have a claim in contract as I assume they were not instructed by you and not paid by you.
Alex Watts : If they were instructed by you then there is a claim in contract. Otherwise you could only claim negligence.
Alex Watts : The clerk failed to act with all reasonable skill and care.
Customer: But the checkout report says it needed further cleaning which the tenants received a copy of. The landlord due to inexoerience said to the managing agent the report is fine which the managing agent interpreted as meani
Customer: meAning fine retur.
Customer: return the deposit which wasnit reallly what he meant.
Alex Watts : I see. You can therefore write to the tenants and give them an opportunity to put it right - you should allow this.
Alex Watts : If they do not or fail to do so you should get a number of quotes to get it cleaned and pick the cheapest.
Alex Watts : You can then ask them to pay it or pursue it as a small claim.
Alex Watts : you could issue a claim online at www.moneyclaim.gov.uk or complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local county court
Customer: There is little time as new tenants ,oving in. Professional ceaningtakes place tomorrow. Thecost is 250 poiunds. Would it be appropriate to send biil to tenants.
Alex Watts : You should have given them an opportunity first and got a number of quotes.
Alex Watts : If you have not whilst you could still go to court you may not reover the whole sum
Customer: Ok but due to time constraints and their initial refusal to entertain any request i went for a low cost as we paid over £300 to have it cleaned before they moved i n.
Customer: Would it be reasonable to ask them for say £100 or so
Alex Watts : Yes
Alex Watts : Can I clarify anything for you about this?
Customer: Many thanks fir your help
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: Ok
Alex Watts : thanks
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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