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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our buy to let property has recently been vacated but, despite

Resolved Question:

Our buy to let property has recently been vacated but, despite our insistence on professional cleaning of all carpets, our letting agent has informed us that all carpets must be replaced because of overwhelming dog excrement and urine smell. They only have £100 of the tenant's deposit remaining and say that we should bear the cost. Apparently, the agents carried out 3 checks on the house whilst the tenant was resident and noted the smell and that it got progressively worse. We were not informed of this at the time. It was only brought to our attention by a prospective new tenant when viewing the house. We would be very grateful for advice as to who is responsible and what measures we can take. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What response has the agent provided please?
Customer: Hi Alex. We live in France and only received the call from our agent re-carpets yesterday. They had mentioned the smell and have had the houseWe will be in the UK for a week from tomorrow and will go to look at the house with the agent on Thursday. My husband and I need to know our rights and responsibilities as landlords to prepare for this meeting. Is it worth chasing the ex- tenant for the money? Is the agent responsible?
Customer: Sorry - pressed send by accident. The agent has had the house professionally cleaned but say, if anything the smell is worse. Thanks for your help. We look forward to your reply
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 by 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 :

Can I clarify anything for you about this today please?

Customer: Hi Alex
Customer: Hi Alex. Thank you for your helpful advice. Now we know where we stand. Regards, Carolyn
Alex Watts :

Great. Happy to help

Alex Watts :

If this answers your question might I invite you to rate my answr

Alex Watts :

If the system wont let you please do say

Alex Watts :

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