Letting Agent - mis-management of Property

[somewhere]

All

I am hoping to obtain some advice on our current difficult circumstance in relation to an agent who managed our property after we left Ireland.

Our home was left with an agent for the past 2 years after we moved and recently we have decided to sell as we are not returning home.

Whilst the tenant was not happy - we did not force them to leave - they have and my partner took a call from the agent asking whether they could return the deposit. We asked whether property was in good condition and was advised yes. The deposit was returned and we arranged to come back and organise the selling of the property.

Unfotunately this is where the problems stated. The house is a disgrace. The couch has 3 large cuts in it, holes in the walls, previous maintenance on the property (we paid for) was not done correctly so we have a sagging ceiling, smashed fridge/freezer, kitchen units boken, oven rusted through (never cleaned), additional electical points, hole in ceiling..... I could go on.

No whilst we have already spoken and met a representative of the agent this has the potential to cost us a lot of money and my partner is extremely upset that our house is in this condition and the agent returned the deposit. It is obviously also that the quarterly checks had not been completed on the property. We also feel that we had been lied to constantly over the past 18 months that "your so lucky to have such great tenants who are really looking after the house". Knowing that we are living in the UK and paying them to manage the property is there any re-course against the agent for this failure? for returning the deposit without checking the property?

In addition the agent has also paid invoices for work undertaken without our consent, taking this money from the rental income. We are only now obtaining copies of invoices (which we have chased for the past 6 months) and we have also been chaged for damage to the property caused by the tenants own negligence. surely this is not legal?

If anyone has been in this position or has any informal advice it would be greatly received.

 

[Bronte]

Somewhere I really sympathise with you in this case. This agent is part of the reason I never recommend agents to handle property.

Do you have a contract with the agent? Take pictures of the property including the repairs incorrectly carried out. Do you have it in writing from the agent that he told you it was ok to return the deposit.

You can take a case via the PRTB against the tenant, but there is probably no hope of getting money off the tenant but at least this is not a costly exercise.

Re the agent, you can threaten him with the law, but this is going to cost you. Go and see a solicitor and ask how much it would cost and the likelyhood of succeeding.

From what you've posted, agent never inspected property, told you they were excellent tenants when they were no such thing, probably didn't do a proper background search on them, told you to return a deposit where there was incredible damage, arranged repairs of substandard work, maybe charged you for repairs that were never carried out. Make sure that the invoices are genuine ! etc. This summary is what you need to discuss with a solictor.

Most landlords who have to put up with bad tenant's like this do nothing further, but in your case you may have some remedy via the agent. Is he a member of a professional body.

If you cannot afford a solicitor maybe you could try Joe Duffy.

 

[danial3262]

I agree with Bronte You should see a solicitor .