A property has been let through (what we thought was) a reputable letting agency. We pay the agent for a full property management service.
Tenant asked to be released early from year-long tenancy agreement. We agreed to this because we're nice people and have been tenants ourselves for much of our adult lives, and we know what it's like. However, we discovered the tenant vacated the property much earlier than agreed (although the rent was paid up until the agreed date). The agent had no idea the property was left unoccupied.
The tenant was only in the house for seven months. He had dogs which we were not too happy about but the agent reassured us that twice the normal deposit would be taken because of this to ensure that any damage would be covered. The carpet in the main room (through sitting room/dining room) has been stained. This has been scrubbed to remove, leaving a very obvious patch of carpet in the middle of the room scuffed and fluffy. The carpet was less than a year old when the tenant moved in. There has also been some sort of flea infestation (I ended up with more than a dozen bites on my lower legs after only 15 minutes in the property). We are told that this has been addressed but the agent hasn't produce proof that work has been carried out.
The bathroom was black with mould and smelling strongly of damp. The tenant has cleaned away the mould but the flooring is rippling and lifting. We sent in a surveyor at our own cost and the report states that the mould and damage to the floor are caused by damp through non-ventilation of the bathroom (lifestyle, not a building fault).
The garden has not been touched for the entire time the tenant was in the property and the lawn area is totally ruined. What was a usable green space is now mainly mud with patchy weeds and moss, looks like the grass has been killed off by dog fouling. It stinks. The borders are choked with weeds.
The tenancy agreement was explicit in that nothing was to be affixed/attached to the walls. The tenant had put up around 40 photos/plaques on nails and although the resulting holes have been filled and painted over, the holes are still visible. The painted over colour does not match the rest of the room. He had also tacked a heavy duty TV/Sky/hi-fi cable (not sure which) over a doorframe and right round the skirting board, the removal of which has left obvious tack marks.
The bedroom has been repainted a horrible colour and there is some damage to a wall which was covered by a curtain.
The agent did not pick up these problems at the leaving inspection, because apparently a junior member of staff had carried out the inspection. So far the agency has argued that the damage is minor and cosmetic, although there are clear before and after photos. The tenant is not prepared to pay more than £150 out of his deposit and is threatening to go to TDS dispute, which of course he is perfectly at liberty to do. The agency appears to think this is reasonable.
We just cannot get the agent to offer a solution and it feels very much that they are working for the tenant, not us, the client. The property has now been vacant for 12 weeks and isn't yet in a state to either re-let or put on the market for sale. Do we have any come-back at all on the agent? The total cost to return the house to pre-tenancy standard (carpet, bathroom flooring, walls made good, garden sorted) is in the region of about £900. The agent says this is unreasonable, but the property is sitting empty and not generating much-needed income because of the damage.
Can anyone please advise what steps we can take to make the letting agent do the work we have already paid for, ie a fully-managed and therefore hassle-free let? Do we just have to swallow the costs created by a careless tenant?
Thanks in advance and sorry it's so long.