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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We believe that our handling agents are responsible for misinformation.

Customer Question

We believe that our handling agents are responsible for misinformation. We were told that the tenant had moved out and an inventory done, but in fact it took 3 days for this to be effected. Within those 3 days we went to the property to clean in readiness for another tenant and there was so much damage needed to be rectified that we only managed to clean the bathroom. We would like to claim on the tenant's deposit and have quotes of around £2000 to put right the damage and missing items. We are being told that because we entered the property before the inventory was actually done, it is unlikely that we would have that claim upheld, should the tenant challenge it. Any advice would be welcome. Thank you in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please clarify whether they are saying that because you went to inspection before an exit inventory that is the reason why your claim would fail? If so, who told you this?
JACUSTOMER-i1zkrplu- :

That is correct. this is from the property management person:

JACUSTOMER-i1zkrplu- :

"



Good morning


I have attached a copy of the branch check out report which clearly makes reference to you having already entered the property; with this in mind if the tenant were to dispute your claim against their deposit it remains unlikely that you would win any award.


I await hearing from you further.

Kind regards

"
JACUSTOMER-i1zkrplu- :

Do I just leave this area for a reply?

Alex Watts :

Ok - this is rubbish.

Alex Watts :

All you need to show is on balance that they caused the damage. The agents is talking complete rubbish

Alex Watts :

There is no legal requirement to have a check in or check out

Alex Watts :

All you have to show is that it is more likely than not they caused the damage.

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 recorded delivery and keep a copy.

If they do not pay 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.

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.

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.

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

This is an on-going issue and I will come back to you if it escalates.Many thanks

Expert:  Ash replied 2 years ago.
ok.

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