By Steve Roulstone
Just occasionally matters come to the point where faith in the system is not only renewed but also rewarded! The news we received this week is one of those cases. We have a Landlord who has had great faith in dealing with the situation that was presented to them in a professional and thorough manner through the courts. Thankfully to a good conclusion as this was after we advised the Landlord that it was a case worthy of legal judgement, ensuring that the Tenant was not allowed to get away with the state that they left the Landlords property in at the end of the Tenancy.
Ignored instruction.
We soon realised at the start of the Tenancy whilst doing our property visits that the house was not being cared for in the proper manner. General untidiness was soon becoming harmful to both the inside and outside of the house. We did everything we could to get the Tenant to carry out the work required, but in the end under instruction from the Landlord, following our advice, notice was given to leave. Any effort to keep the property in order at that stage ceased.
Check out.
When we then came to check the Tenants out of the property, the work needed to return the property to good order was vast! We photographed, noted, gained quotes and spoke to the Tenant about getting the work carried out. They disagreed, refused and eventually ignored all communications until the Landlord had no choice but to instruct the work in order for the home to be available for the rental market again.
Options.
At this point we spoke again at length and in the end after looking at the cost of the dilapidations advised the Landlord to take the matter to court. This is of course a big decision to make, not only for the inevitable risk that such a decision brings with it, but also because of the actual task itself which can of course be daunting. The Landlords stood by their conviction and filed papers.
Courts take time.
Never was a statement more true. The original hearing was cancelled twice initially after sitting around all day to be told the court did not have enough time to hear the case, then at the Tenants request until a third date was finally set for this month and only now has the Landlord finally received a judgement. This made all the more understandable when you realise that the Tenant actually vacated in June 2010!!
Award.
But in the end it was worth it! The courts awarded the Landlord the whole of the claim for damages, the deposit in full and two months loss of rent because of the length of time it took to get the property fit for the market again. This is made all the better with the knowledge that the Tenant who replaced the person claimed against still enjoy living there and are treating the property as it should be treated by any good Tenant.
Summary
And what do we take from all of this? Well first of all that currently the law does not move quick enough to resolve matters for Landlords under such circumstances; it does not make sense for anybody to be left waiting for two years for a decision to be arrived at and even if it had been heard the first time the case was cancelled it would still have been nearly a year. That the reasons why such a case can be delayed for a further year are too lenient, because it should NOT be possible to postpone a hearing with such ease as was the case for the further delays suffered and that Landlords need better help from the Deposit holding bodies, as this was a substantial amount they should not have been made to cope without when you consider the amount awarded to the Landlord by the Judge was over £3000.
The good side!
But thankfully the biggest conclusion is that it does pay to take your case to the courts. I of course do not know for sure, but people who leave property in such a condition probably hope the problem will go away because of the trouble needed to pursue the matter to conclusion, but also in the end the courts have awarded correctly and it proves that errant Tenants can be brought to justice if the Landlords have the strength of character to hold true!
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