16:12 PM, 13th February 2023, About 10 months ago 10
I currently find myself in quite an unusual situation, please could I kindly ask what, if any experience, do the readers have of this?
My Tenant of 4 years has given notice to end the tenancy. The original letting agent closed their offices in the town some 3 years ago, the company went into bankruptcy and was “struck off” at Companies House last year.
At the beginning of the tenancy, the letting agent (who was also the daughter), asked if her mother could redecorate the property. We exchanged a few emails and it was agreed to but on the condition it was later restored to the original neutral colours and words to this effect should be in our Tenancy Agreement.
After the agent closed their business the tenancy went to periodic, everything was fine, the tenant was very good, and rent was paid on time. Until last year when I raised the rent, by £50 (10%) the first time and in line with the market rate. The daughter demanded a Section 13, and started to get a little awkward, although the tenant herself had agreed with no issues raised.
During several exchanges with the daughter, I then recall never having been provided my copy of the AST from back in 2019. So I asked, and asked. Eventually, after 3 months I was sent 3 pages, just random ones, not the entire contract. One of the pages made reference to the redecoration clause, but only by number, under the paragraph – “Circumstances When a Landlord Can Make Deductions to the Deposit”
So I issued a new 12-month agreement with the new rent, and sent it to the tenant by recorded delivery with a pre-stamped envelope for return by post. Despite the tenant assuring me it was posted last September I never received it. So I sent another copy by email, but there was no response.
I then had to look at transferring the deposit held with the DPS over to my name, as the agents were insolvent. Neither the tenant nor her daughter (as the ex-agent) would help, in fact, quite the opposite.
So my questions are, without my own copy of the tenancy agreement, nor very possibly any pre tenancy check in report from 2019 how can I go about the redecoration back to its original?
I did message the tenant and she agreed that it must be restored, informing me she has ordered the paint. But I don’t really want or trust her to do this herself. Also, she has wallpapered over the original walls, and I don’t want her to paint over this.
When I presented this scenario to the daughter, that she must have the documents, she gave me the email and phone number of the owner of the now insolvent company. I have rung and emailed without any response. However, the daughter continued to work for the guy well after the business ended, on another project so, therefore, must still be in contact.
Thank you kindly in advance for any advice or your thoughts, please.
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