millers Posted October 9, 2015 Share Posted October 9, 2015 Hi everyone To cut a long story short, we have rented out our house in the UK for the last 3.5 years and had 2 different tenants in that time. We had an estate agent to manage the house on our behalf. So a few months ago our latest tenant emailed us to give us a months notice that they were leaving. This was good as we were planning to sell the house and we were returning to the UK for a holiday so the timing was good as it meant we could see the house just after the tenants moved out and before it went on the market for sale. I was horrified at the damage to the house and the rubbish and furniture that was left and how unclean it was!!!! The agent came the next day to do a check out walk round with me and by god I was ready for him !!! I was disgusted at what I saw!!!! and went through everything with him. We had some of our furniture stolen and we had to hire a large skip to dispose of the junk that was left by the tenant!!! so we are out of pocket by this Our estate agent took the tenant to arbitration for damage etc to the house through the DPS and it took 3 months and then the tenant emailed us to say thanks for getting her deposit back !!!!! what the hell!!!!( seems like the agent had insufficient evidence to blame her)!!!!!!!!!!!! I am speechless as she has now got away with it all but it seems as though the first tenant did some damage too and the estate agent didn't do their job properly when she left the house !!!! we have never seen any pics from this !!!!! so both tenants have lived in my house and got away with causing lots of damage and the agent just doesn't care and just seems to take the management fee and not give two hoots!!! The agent is unaware that the last tenant has emailed us to give us the outcome that they have their full deposit back and we have emailed them to ask for an update..and 2 weeks later we still have had no reply from any of them in the office!!!! Has anyone been through similar and sued the estate agent or taken them to a small claims court??? To annoy me more we trusted them to sell our house which they did on the first day of it going on the market and i'm thinking they will say it was sold as seen but its just not fair that people can get away with this !!!!:arghh::cry: Link to comment Share on other sites More sharing options...
Parley Posted October 9, 2015 Share Posted October 9, 2015 Aren't you happy they sold the house though so quickly. Presumably the damage can't have been too bad if it sold so quickly and you were obviously happy with the price. I would just move on with my life if the house is now sold if it was me. Link to comment Share on other sites More sharing options...
Diane Posted October 9, 2015 Share Posted October 9, 2015 Sorry to hear this. I doubt if it will make you feel any better, but 50 years ago when my parents came to Australia for three years, they left their house rented out part furnished in the UK, with agents supposedly overseeing it for them. When they got back, they found a similar story to yours - the tenants had even stripped down a motorcycle engine on my Mum's beloved polished wooden dining table, ruining it. So looks like nothing much has changed in fifty years... English real estate agents have given the profession a bad name imho...the ones here seem to work a lot harder and do a lot more for their money. I hope you have some success - even in teaching your useless agents that this just isn't acceptable. Keep us posted on how you get on. It's all very well to say 'get over it and move on' but I know from my Mum's experience that that's not so easy - she still talks about it now! Link to comment Share on other sites More sharing options...
Guest guest30085 Posted October 10, 2015 Share Posted October 10, 2015 Aren't you happy they sold the house though so quickly. Presumably the damage can't have been too bad if it sold so quickly and you were obviously happy with the price. I would just move on with my life if the house is now sold if it was me. That house hasn't sold, Parley. The OP is talking about the rental agent Link to comment Share on other sites More sharing options...
AJ Posted October 10, 2015 Share Posted October 10, 2015 The agent should be held accountable, they get paid for doing regular inspections but It happens with or without a rental agent checking. We let a family member rent ours very cheaply, never again!! Link to comment Share on other sites More sharing options...
Ken Posted October 10, 2015 Share Posted October 10, 2015 The agent should be held accountable, they get paid for doing regular inspections but It happens with or without a rental agent checking. We let a family member rent ours very cheaply, never again!! No, the house was in England not Australia. In Australia rental agents get paid for doing regular inspections but in England the Landlord and Tenancy Act 1971 (or whichever later law has since replaced that act) prohibits the Landlord (or his Agent) from accessing the property while it is let (unless the tenant chooses to invite them in of course) so inspections can only take place at the end of the tenancy. Remember "an Englishman's home is his castle" even if he's only a tenant. Link to comment Share on other sites More sharing options...
Rallyman Posted October 10, 2015 Share Posted October 10, 2015 Just been through a very similar experience, we came back unannounced to our agents , we had rented our own house out to the same tenant for 4 years with supposedly 6 month inspections , the agents gave the tennents their deposit back . When we did our inspection the list was endless. They had cut down mature trees but then left half the garden with brambles growing as high as the roof , gutters completely blocked , holes drilled through wall for extra tv cables and damaged carpets ,when I asked when the inspection had been carried out it was at 6 pm on a January night, the house is in 3/4 acre , we eventually got £400 back but this went no where near cost to carry out required works, If you have sold your house and you feel you got a good price I would move on its very difficult and emotionally draining dealing with this from the other side of the world, I would focus your energy on your life down under , hope it works out for you . Link to comment Share on other sites More sharing options...
Rallyman Posted October 10, 2015 Share Posted October 10, 2015 No, the house was in England not Australia. In Australia rental agents get paid for doing regular inspections but in England the Landlord and Tenancy Act 1971 (or whichever later law has since replaced that act) prohibits the Landlord (or his Agent) from accessing the property while it is let (unless the tenant chooses to invite them in of course) so inspections can only take place at the end of the tenancy. Remember "an Englishman's home is his castle" even if he's only a tenant. You should have had a clause in your contract to enable 6 month inspections , also you only have to give 24 hrs notice if you wish to gain access ,the Tennent can't stop as long as you follow the correct procedure Link to comment Share on other sites More sharing options...
Guest Posted October 10, 2015 Share Posted October 10, 2015 That house hasn't sold, Parley. The OP is talking about the rental agent I think it has. To annoy me more we trusted them to sell our house which they did on the first day of it going on the market and i'm thinking they will say it was sold as seen but its just not fair that people can get away with this !!!!:arghh::cry: In all honesty, I'm with Parley on this, if its sold and they got the price they were after, I'd move on. Its sold, it could be a long drawn out process to even get a penny out of them and is it really worth it? Link to comment Share on other sites More sharing options...
Guest guest30085 Posted October 10, 2015 Share Posted October 10, 2015 I think it has. In all honesty, I'm with Parley on this, if its sold and they get the price they were after, I'd move on. Its sold, it could be a long drawn out process to even get a penny out of them and is it really worth it? Yep my mistake, you're right, I misread it, although I do think the agent should be held accountable, it's what they are paid to do. It doesn't seem fair that they are allowed to get away with it, anyways good luck to the OP if they decide to follow it up Link to comment Share on other sites More sharing options...
Bungo Posted October 10, 2015 Share Posted October 10, 2015 Our house was left in a mess, we had to re carpet the whole of upstairs, wooden floors downstairs are damaged, kitchen worktops (wooden) damaged, junk left behind, had drilled holes in the walls for satellite TV, the list goes on. We kept their deposit but that only went towards unpaid rent and I believe the estate agent asked for their permission to keep it! I felt like the estate agent was never on my side always on their side. But I do think going to court is futile and just prolongs the stress and negativity in your life. Houses can be sorted, we sorted this one amd we live in it again now. I even sanded down those kitchen worktops, re varnished and you would never know now. You had your mortgage paid for X years and you have sold successfully, businesses (and best to look at your house rental as a business) incur losses from time to time. Write it off. Move on. Link to comment Share on other sites More sharing options...
newjez Posted October 10, 2015 Share Posted October 10, 2015 Aren't you happy they sold the house though so quickly. Presumably the damage can't have been too bad if it sold so quickly and you were obviously happy with the price. I would just move on with my life if the house is now sold if it was me. Probably sold to a mate at below market. Estate agents love overseas sellers. Link to comment Share on other sites More sharing options...
newjez Posted October 10, 2015 Share Posted October 10, 2015 Sorry to hear this. I doubt if it will make you feel any better, but 50 years ago when my parents came to Australia for three years, they left their house rented out part furnished in the UK, with agents supposedly overseeing it for them. When they got back, they found a similar story to yours - the tenants had even stripped down a motorcycle engine on my Mum's beloved polished wooden dining table, ruining it. So looks like nothing much has changed in fifty years... English real estate agents have given the profession a bad name imho...the ones here seem to work a lot harder and do a lot more for their money. I hope you have some success - even in teaching your useless agents that this just isn't acceptable. Keep us posted on how you get on. It's all very well to say 'get over it and move on' but I know from my Mum's experience that that's not so easy - she still talks about it now! Same thing happened to me with my house in Perth. Link to comment Share on other sites More sharing options...
newjez Posted October 10, 2015 Share Posted October 10, 2015 No, the house was in England not Australia. In Australia rental agents get paid for doing regular inspections but in England the Landlord and Tenancy Act 1971 (or whichever later law has since replaced that act) prohibits the Landlord (or his Agent) from accessing the property while it is let (unless the tenant chooses to invite them in of course) so inspections can only take place at the end of the tenancy. Remember "an Englishman's home is his castle" even if he's only a tenant. I had inspections on my property in both countries. Link to comment Share on other sites More sharing options...
ramot Posted October 10, 2015 Share Posted October 10, 2015 No, the house was in England not Australia. In Australia rental agents get paid for doing regular inspections but in England the Landlord and Tenancy Act 1971 (or whichever later law has since replaced that act) prohibits the Landlord (or his Agent) from accessing the property while it is let (unless the tenant chooses to invite them in of course) so inspections can only take place at the end of the tenancy. Remember "an Englishman's home is his castle" even if he's only a tenant. We have rented property out in UK for over 15 years and have always had 3monthly written inspections, and still do, so I am surprised about the above post. Wouldn't rent without this in place, and we use different agents as have property in different places. Link to comment Share on other sites More sharing options...
Peachy Posted October 10, 2015 Share Posted October 10, 2015 We have quarterly inspection, photos and written report written into the contract. Means that we have some assurance that the house is not being damaged and will be retain its saleable value. Link to comment Share on other sites More sharing options...
Bound4Tassie Posted October 10, 2015 Share Posted October 10, 2015 No, the house was in England not Australia. In Australia rental agents get paid for doing regular inspections but in England the Landlord and Tenancy Act 1971 (or whichever later law has since replaced that act) prohibits the Landlord (or his Agent) from accessing the property while it is let (unless the tenant chooses to invite them in of course) so inspections can only take place at the end of the tenancy. Remember "an Englishman's home is his castle" even if he's only a tenant. Really? We have 3 monthly inspections by our letting agent. Link to comment Share on other sites More sharing options...
Petkula73 Posted October 13, 2015 Share Posted October 13, 2015 Probably not what you want to hear, but my advice ould be to let this go and move on. To drag a case like this through the civil courts will be extremely time consuming, stressful and you'll maybe get back a few hundred pounds if you're lucky. We own a house in the UK but rent here, and unfortunately we ended up in VCAT at the end of our last tenancy thanks to a landlord who thought he'd try and deduct $1200 from our deposit to renovate his garden. It was a tip when we moved in, we paid fora gardener to come once a fortnight and it was in a much better state when we left then when we moved in. However, he was trying to sell the property, so paid $1800 to renovate it whilst we were still there, then when it failed to sell and we moved out, he suddenly had the bright idea that he could screw the tenants to cover the lion's share of it. Therefore, he refused to release the deposit, he invented loads of other things we had failed to do such as clean the windows and cooker (we cleaned both thoroughly and had photos to prove it) and tried to scare us with threats of legal action. I'm not the sort of person who can be intimidated by someone like that, so we let VCAT arbitrate and they kicked out his claim in its entirety, leaving him with the very clear message that he was trying to commit fraud. He departed back to Caulfield with his tail between his legs! However, it was not something that I'd want to do again. Loads of anxiety, sleepless nights, pent up aggression and so on - at the end of the day it's a very emotive experience. Therefore, save yourself the stress and move on. Link to comment Share on other sites More sharing options...
Parley Posted October 13, 2015 Share Posted October 13, 2015 Was he jewish Petkula ? Based on where he lives and his behaviour ? Link to comment Share on other sites More sharing options...
akiralx Posted October 13, 2015 Share Posted October 13, 2015 Was he jewish Petkula ?Based on where he lives and his behaviour ? Eh? Link to comment Share on other sites More sharing options...
Petkula73 Posted October 14, 2015 Share Posted October 14, 2015 Was he jewish Petkula ?Based on where he lives and his behaviour ? I wouldn't want to re-enforce any stereotypes here so you'll have to draw your own conclusions... Link to comment Share on other sites More sharing options...
Parley Posted October 14, 2015 Share Posted October 14, 2015 I'll take that as a yes. Link to comment Share on other sites More sharing options...
millers Posted October 21, 2015 Author Share Posted October 21, 2015 Was he jewish Petkula ?Based on where he lives and his behaviour ? My agent is jewish funny enough and were not!!!! Link to comment Share on other sites More sharing options...
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