I had tenants vacate my property which is fully managed by agents for the past 5-6 years. They had been in the house for 2-3 years. The Agents did the check out,sent me a letter via email(I live outside the UK) and as in the past all had been okay I said yes to the things they raised that was landlord issue and to the things they said the tenant should deal with. I dealt with what had to be done, but the Agent for some reason are not quick to hand the deposit back to the tenant. (contract stated 10 days after check out)
1 calendar month later I find myself in the UK and go to check the property as there was an issue with the alarm system and agents do not do that sort of thing if tenants are not in situ!I walk in and immediately see a number of issues- broken lamp shade, stainless steel curtain rods bent, deadlocks missing (doors not secure), hooks in walls, alarm system not working at all, missing fire pit, garden utility area with food waste deposited in the leaf collection bins (states for leaf use only). Kitchen work tops damaged, Propane gas bottle not refilled as required in the lease and the list goes on.
I contact Agent and tell them there are issues, and not to return the deposit. They do not. I list the issues to them and find costs to replace thngs that could be replaced. We are now talking a large amount of money to get things sorted.
They write to the tenant, who is now residing in another property & I am pretty sure they have rented from the same agent in the next village. The tenant is now disputing as the agent had stated within the contract that the deposit would be returned within 10 days, it has not been and therefore we are in the wrong and have no redress.
Agent tells me if we go to the TDS, then the TDS will rule in the tenants favour, even though they have damaged things which they were required to notify, fix, replace under the terms of their lease.
I have written to Agent, and asked what were they doing at check out as I have not been in the house in the past 5 years and could see problems immediately. It was their job to ensure the property was as it was less fair wear and tear, when they moved out. Not had reply. Also told them despite the clause in contract re return of deposit, the tenants have wilfully and knowingly hidden the issues they have caused etc etc
Do I have anywhere to go with this??
Would the TDS rule automatically in favour of the Tenant?? or are the agents being lazy and if the tenant is in another property they are renting is it more likely a case they do not want to deal with as they are still collecting rent and commission from these people?
