Problems with the house I rent out - long, sorry..

[AddictedtoCrunchies]

Disclaimer: this is long.

I started a thread a while back HERE about my tenants and their inability to pay the rent.

After lots of great advice on here, I gave them notice to quit and they moved out last Friday (21 Jun). The EA did the check out report and inventory and it didn't make for a very good read. They went in Monday with their builder/handyman and he quoted £1717 to put the house back to how it was before they moved in. Some of the quote was vastly over what it should have cost and, as I have all the main trades covered within my family, I said thanks but we'll sort it. The EA said they just needed to do the paperwork and then they would send me the full deposit (£675) towards the costs of repair. I was happy with this as I had some money put by to cover anything over the deposit. A brief list of things to do is:

1. Completely re-decorate (they have repainted some of the walls to cover ? but used a slightly different colour paint so the walls are patchy.) The house also smells of fried food, wet dog and general foust. I've bought two tubs of Magnolia (2x £24.99) plus a tin of bathroom paint (£18.99) and a tin of gloss (12.99). All Homebase own so nothing flash.

1. Replace all internal doors as two out of three upstairs have fist holes in them. The only one downstairs also has a fist hole and is hanging off the hinges (4x £38)

1. Have the oven cleaned as it was vile (£60) and had been cleaned before they moved in

1. Replace the back gate (£43) as it had been kicked in and pulled from the hinges

1. Paid the council £26.50 to come and collect the rubbish left on the drive (we've done 3 car loads to the tip of stuff that would fit) but there's a mattress and a chair which we can't get in the car

1. Replace 15 light bulbs as all taken

1. Replace the shower as broken

1. Fix the boiler as broken (£90)

1. Replace one of the drawers in the freezer as it was smashed (not cracked, smashed)

10. Replace the glass panel on the front of the extractor fan

11. Re-carpet both bedrooms as the carpet is badly stained

12. Have the stair carpet cleaned (was new fitted in November) due to stains and dirt

The work is all being done by my family so there isn't much labour apart from the Gas Safe man, the oven man and the carpet fitters. So saving a huge amount there but it's still going to cost me.

The EA emailed me Friday to say that the tenants are disputing the deposit and believe that it all should be returned to them. They believe the house was returned in the same state they got it and so they are entitled to the full amount back.

The EA has asked me for more evidence as to why I want it. They have the inventory before and after photos, THEIR OWN builder's quote plus they had done inspections so they knew the state of the place. I'm at a loss as to what else I can do?

I wonder whether the EA is intimidated by the tenants and is worried about any backlash (this has crossed my mind tbh) but surely they can't expect to receive their deposit back and me cover the cost of all the damage they caused??

Do you think I should offer to give them an itemised bill of what I spend and then offer them the balance if there is any? But equally tell them if it's over the deposit they have to pay me? Worth a try?

I'm very fair so if there wasn't too much to do I'd say fine have it but this is going to cost quite a lot and I have new tenants moving in in two weeks so I need to get it done else I'll be even more skint!

I don't want to be a landlord, I just ended up as one because I can't sell the house..

Any thoughts/advice??

If the deposit was properly protected, it'll be up to the holding agency how much of the deposit is retained. It would be very kind of you to negotiate round about an itemised note, but I doubt they'd agree to pay more.

As said above, was the deposit protected? This will determine your next steps.

But, before you do any work TAKE YOUR OWN PHOTOS! Preferably with the date shown in the corner. Focus on the fist holes in the wall, patchy paint, missing light bulbs etc - everything you have outlined above. Don't rely on the agents as they can be pretty rubbish (ironically when you are relying on their expertise most). You will need these photos if it does go to a Deposit Protection scheme to decide how the deposit is spilt between you

Also, keep all receipts and quotes that you get as you may need these too.

Assuming the deposit was lodged within one of the schemes (the agents should have done this by the way if you used them to do all the paperwork etc), you need to contact whichever scheme was used and say that as landlord, you think none of the deposit should be returned.

The deposit scheme then contact the tenant to ask if they agree with this, and if they do not, a dispute will be opened and the deposit scheme will ask for evidence that supports each of your claims (eg your photos of the damage and your quotes to repair it).

If your deposit was protected, there is nothing to worry about, you should certainly get the full £675 back. You should have paperwork from the EA saying where they put the deposit.

If they havent protected it, or if you were sent it and didnt protect it - then I'm afraid its game over.

Hopefully its protected - get 3 handiman quotes (£1770 plus 2 more) and submit those to the deposit holder - it certainly cant be expected that you will do the work yourself in such short timescales.

As for the other £1000 that is owed you would have to take the tenants to court to get this - or is there a guarantor?

I'm afraid with a deposit dispute it will take up to 8 weeks to get your money back.

The deposit was protected and I don't have it back yet. The EA have opened a dispute with the ex tenants and are now going through the motions.

I will take my own photos too. I'm actually not that bothered about getting any extra - they're potless and I had to take them to court to get unpaid rent. The guarantor coughed up in the end so I don't expect them to pay. However they surely can't expect to leave my house in that state and then get their full deposit back? I don't mind it taking 8 weeks as it's the principle.

Agree - get a copy of opening inventory, photos of everything now , itemise all the expenses and labour with receipts. If you have the work done free or at mates' rates you can't charge them full whack, it will however mitigate your potential loss. Actually some items, like boiler, seem relatively minor and could be due to wear and tear rather than abuse which can be noted on your tax return anyway. The ex-tenants won't voluntarily pay you anything over £675 but may not want to go to court and risk it being noted on credit record . Do they need references ?

I wonder if they thought it was a sort of "holding deposit" (to get/reserve the tenancy) rather than understanding it was a deposit "against damage". It's the only reason I can think of, why they might think they should get it back.

Anyone who makes that sort of mess is an entitled bastard so of coufrse they think they should have their deposit back. They have already shown that they think they should live there rent-free and no doubt stiffed some friend or relation who was foolish enough to be their guarantor. They go through life shitting on people and you are the latest. Don't lose any sleep over it - your paperwork will more than adequately prove that you don't have to give them a penny.

Thank you lala you've said what I thought.

Lala is right, you're not dealing with reasonable people here, they are unwilling to pay their way in life and don't give a crap about other people's property.

The Estate Agents however are obviously being stupid and should know better. Perhaps they are simply conveying you the message from your ex-tenants and don't have the balls to tell the ex-tenants that they are unlikely to get any money back.

OK email done to agent incorporating everything above. Let's wait and see.

people who punch walls are not going to be reasonable. They are trying it on, but the deposit procedure has to be followed. Do make it clear in writing to your agents that nothing is to be agreed without your explicit involvement, and that you will hold them responsible for all costs if they don't follow these instructions. (been there, done that)

most letting agents will take the path of least work and are often very clueless.

Be aware that you do have to allow for some wear and tear, so you may not get all of your paint costs and recarpeting costs for non-new carpets. But that list of deliberate damage should eat their entire deposit.

Sorry you are going through this!

As the deposit is with the dps,,you will have to await their decision.

As others said, those who wreck your property in this manner are not reasonable people. And the lack of rental payments on time etc.

I have had one bad tenant and lots and lots of lovely ones. It's incredible how much damage a bad tenant can do. It's surprising how some people choose to live.

Take heart in knowing that the repairs and issue with deposit etc will be over very soon and you will have new tenants who will most likely be absolutely lovely.

Again I feel your pain. Everyone thinks that landlords are these super rich folk who are sailing yachts around the world but reality is that it's very hard working people who do it to make a small living or need to do it as they can't sell their home.