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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent out a property via a lettings company. Recently I discovered

Resolved Question:

I rent out a property via a lettings company. Recently I discovered damage to the property however the lettings company have made no attempt to fix this damage ( toilet broken, walls dirty, doors hanging off, pool table ripped, holes in floor, tap broken etc ) What can I do in a legal sense to get the lettings company to fix these issues as they are not returning my calls or e-mails ?
I have not signed any contract with the lettings company and I do not believe they have taken deposits from previous tenants as they are DSS.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you know what type of tenancy the tenants have?

Alex Watts :

Has the damage occurred whilst the current tenants have had occupation please?

Customer:

Hi Alex,

Alex Watts :

Hi

Alex Watts :

Are you able to see my questions above?

Customer:

Hi Alex,

Customer:

I do not have anyone in my property at the moment to my knowledge ( the letting agent is very bad at letting me know if a tenant has moved in or out. They only way I know is if I do not receive a monthly payment in to my bank account ). I do not know if the damage was caused by the last tenant or either of the 2 prior to that.I have pictures of the damage and the trashy way my flat was left ( condoms on the floor and drug paraphanalia dispersed throughout the flat etc ) Sorry I do not know what type of tenancy I have. I did not sign any documents with the letting agents.

Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy
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 clairfy anything for you about this today please?
Customer:

Thank you. Is the system you describe above applicable in Scotland ?

Customer:

Do I have to estimate a cost for each bit of damage caused eg broken tap £50, ruined carpets £200 ?

Alex Watts : Sorry it's a different form there. Hold on
Alex Watts : https://www.scotcourts.gov.uk/taking-action/small-claims
Alex Watts : The small claims value there is £3000
Alex Watts : Does that help?
Customer:

yes. Does that fac

Customer:

yes. does the fact that I do not have a written agreement/contract with the lettings company make any difference to my chance of successfully winning a claim against them ? ( under scots law )

Alex Watts : No it makes no difference, a contract can be oral or written
Customer:

Ok Thank you.

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