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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I own a property with a group of people. In August 2015

Customer Question

Hi
I own a property with a group of people. In August 2015 we decided to sell it and gave Your Move sole agency on the property. Your Move found a buy to let buyer in September. Your Move then said to me that we should find a tenant even though the sale was going through since she would also like to have tenants. I said that if they spoke to her and she wanted a tenant, the could go ahead and find one since it was a good time to market for her.
Your Move found a tenant and I paid them £500 for a tenant find only. However, I said they should keep the deposit since I did not want any issues with the hand over. So Your Move maintained the relationship with the tenants and the purchaser totally within their control. If the valuer needed to go in, Your Move contacted the tenants and made the arrangements etc. by default they took on a full management of the property. We were not given the telephone numbers, contact details or anything of the tenants.
The sale took longer than expected. The tenants moved in in October. In November, the purchaser sent a valuer in who wanted damp proofing done. Your Move organised all this only telling us what was happening because we happened to ask. The damp proofing was done and nothing happened until after Christmas. The valuer needed to go into the property to check that the damp proofing was done properly to report back to the mortgage company.
When Your Move took the valuer into the property, they found the locks had changed. They notified us and suggested that we could change the locks since they knew that the tenants were in Vietnam - they had tried to contact the tenants to let them in and the tenant had phoned them from Vietnam saying that she was not in the country. We agreed that they could change the locks. When the locksmith went in (organised by Your Move), the locksmith called Your Move and suggested they came in quickly. Your Move found that the house had been converted to a Drug Factory. They called the police and the police removed the Cannabis etc.
The tenants had put an irrigation system throughout the house, bypassed the electrics, put holes in the walls for ventilation etc. We have done all the necessary to get the house back to standard which cost us £5 489. The deposit which we will get back is £1 920. The sale has now gone through and I have paid Your Move £500 for the tenant find and owe them £3375 for the sale of the property.
We have asked Your Move to contribute to the cost of the tenant to us since we feel that we have had a huge amount of expense due to this issue and we feel that they are partly to blame. Although we had not agreed that they manage the property and we did not pay a full management fee, they by default took on the management of the property as if they were in full management. They have said they will not contribute since they do not feel that they have not done their jobs to the best of their ability. They showed us that they did do the reference check - the tenant actually owned a house in Hampshire - the drew down the title deeds and they did a credit check which showed they were good for £1800 a month and they were paying £1200.
Do you think that they should contribute to this in any way?
Kind regards
Bernie Meredith ***********
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.What is it you want to achieve please?Alex

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