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Hi - my agent is stating that I can only claim a percentage of this damage back on deposit even though the flat was painted fully four years ago?The tenants allowed their children to scribble over every wall with crayon and biro and estimates given are in region of £800 due to severe damage.Flat is also filthy and shower screen broken along with lock. The agent advised of a couple of these items on their quarterly inspection report in May but did not do anything about it.Where do I stand legally and with percentage of deposit please? I have £895 and a fairly comprehensive independent check out report.
The scheme where you protected the deposit should have some guidance on how to end the tenancy correctly and also a template document for notifying the tenant of the deductions you intend to make.Best practice would have been for yourself or your agent to visit the property in the week prior to departure and let the tenants know that the walls were marked, thereby giving them a chance to re-paint themselves. They should also have been advised to give the property a thorough clean to avoid deductions from their deposit. Ditto the other items - although if the tenants have been there a long time, these might fall under wear and tear.As long as you have a check-in inventory showing that the walls were un-marked, then you can claim for the full damage imho, including the other items - in essence the full deposit.You produce a list of what you intend to deduct from the deposit, along with copies of quotes. If the tenants do not accept your deductions, then they will have to raise a dispute.See our videos on this topic:
Vanessa Warwick Landlord and Co-Founder of PropertyTribes.com **If you have got value from Property Tribes, find out how you can support it in remaining a free to use community resource**
Try WD40 it works
Learn Change and Adapt ?????
All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.
I saw it on youtube - the things you can do with WD40 !!
Thank you very much!
Thanks for all your help! Agent is insisting on a percentage despite a quarterly inspection report in May stating marks on wall then - they are insistent that they advised tenant. Really irritating regarding agents - they just don't have any skin in the game so don't care.Thanks for the WD40 tip - will ask professional cleaners to try this. I don't want to lose tenants who are moving in on Friday.
The agent cannot "insist" on anything. The fact that they are called an "agent" means that they are acting as your representative under your instructions. Something sounds a bit irregular here but I cannot put my finger on it, other than they are not following due process and established protocols.I would certainly recommend moving to another agent though, if this agent refuses to take your instructions.See - How to vet a lettings agent ... 12 questions to ask