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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have been renting out our family home, the four year tenancy

Customer Question

We have been renting out our family home, the four year tenancy completed on the 5th April on its anniversary and we are in the process of moving back in to take up residency.
On the close out report from the letting agency (Romans) they mentioned the following
Water damage low level near cloakroom to walls and water damage near cloakroom to flooring.
This had also been reported to us on a premises visit last September where we instructed the agents to make sure the sump pumps were working.
This is in a basement room which is tanked and has three sump pumps installed, the one in the downstairs toilet was switched off. the agents have told us that a plumber attended to these and claims they were working.
I believe that the pump was turned off and that water then filled the sump overflowed into the room damaging the floor and carpet plus the tiling in the downstairs toilet
This sump pump was changed by the letting agency in 2011 due to malfunction,
I had Landlord insurance with SAGA at the time which I have now switched to normal home insurance, as yet I have not informed the insurance company of the issue and I have also not agreed to the tenants getting their deposit back. not sure how much my excess on the insurance will be put washing to pass this on to the tenants/agents.
In Spring last year the letting agency (***** *****) was taken over by Romans.
I believe that either the tenants or agents are negligent and I'm unsure how to proceed
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is there a protected deposit?
Customer: replied 1 year ago.
Not sure what a protective deposit. The tenants do have a deposit being held by the agents, which I have not given approval for release as yet.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a payment against both the Tenant and Agent 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.
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.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

So do I inform my insurance company as well?

Expert:  Ash replied 1 year ago.
A this stage no, as you are not making a claim.
Alex
Customer: replied 1 year ago.

Unfortunately I have already informed my insurance company, do I still proceed with the formal letter to the agent and tenant, and if so should I get quotes for the repair work first?

Expert:  Ash replied 1 year ago.
Yes that is ok. Get quotes etc.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 1 year ago.

I have sent an email to the agents saying that I hold them accountable for the damage. Just noted that you didn't have my country as UK, I assume that this might make a difference.

The tenants are indicating that they have been complaining about this since the start of their tenancy, I have requested evidence of this from the agents.

Alan

Expert:  Ash replied 1 year ago.
Great. Thanks for the update.
Alex

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