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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we rented our 3 bedroom mid terraced house in 2011 the tenants

Resolved Question:

we rented our 3 bedroom mid terraced house in 2011 the tenants left giving 3 weeks notice and the day that the new tenants took over the management co. gave the previous tenents their deposit back, an inventory was done and we went to see the propery over the weekend, I am still crying, we went down because our brand new cook top had been smashed, then we discovered that the kitchen floor has been badly damaged the list goes on and the real estate agent who has taken 9 % of the rental fees for managing the property is not accepting any blame what so ever. We have had no up to date contract between us and the latest tenants. the invoice was done on oct 3rd 2013 and we received the copy last week 20th May 2014

i am in my 70's and my husband in his late 60's we had hoped to sell this property for our pension, If we put this house on the market right now we would be paying the building soc. a ton of money...We are at our wits end
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 :

I am so sorry to hear of the damage. What is the cost of putting it right and do you know where the tenants have moved to please?

Alex Watts :

Why did the agents not pick up on the defects upon exit inspection please?

Customer:

The agents cannot find the previous tenants they even got the new tenants to pay 1\2 the cost of the flea contamination that the previous tenants had left

Alex Watts :

Ok.

Alex Watts :

Just so that I am clear.

Alex Watts :

You had existing tenants in (tenants A). Then new tenants moved in (tenant B).

Customer:

as to number question 2 that is what we would dearly like to know

Alex Watts :

Who caused the damage, tenants A or B please?

Customer:

yes

Customer:

the b tenants have caused the floor damage as it is not noted on the inventory as for the cook top that was tenant a

Alex Watts :

Do you know the cost of repair please?

Alex Watts :

Were the agents meant to be doing checks several times a year?

Customer:

for the cook top it cost us£150. 00 and for the flooring we only discovered this on Sunday when we went to install the new cook top there is also othe damage to the kitchen drawer handles the cost of the floor could be £3-4 hundred

Customer:

agents say the check every 3 months

Alex Watts :

Ok - but clearly the agents have not picked up on this

Alex Watts :

And indeed giving their deposit back without a proper check is not acceptable.

Customer:

absolutely

Alex Watts :

You need to write to the agent and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 for failing to act with all reasonable skill and care

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

You can't sue the former tenants if you do not know where they moved to

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok this will be done this evening and many thanks if there are any more problems we will contact you back ...No thaks you have been most helpful

Alex Watts :

Yes of course.

Alex Watts :

If I could invite you to rate my service today, if the system wont let you please let me know

Alex Watts :

If you need more help please click reply

Customer:

-----------------+

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try and rate now!

Thanks

Alex

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