Accidental Damage Caused By Tenant

Spartacus123_2

Hi Everyone,

It's my first post here and having read all the useful advice given am hoping someone can help me.

I'm currently working overseas and have rented my flat out through a LA for the last 4 years. My tenant moved out earlier this month and I am having a problem with some accidental damage she caused.

Back in April she broke the door on the fitted wardrobe when she was moving a box off the top shelf. The box fell and it appears the hinge was damaged and she did not notice. Eventually the door fell off due to the damage caused to the hinge. Somehow the door which was being propped up fell and smashed in half. The first I heard about this was in May when the LA visited the property and wrote their inspection report. The LA were asked by the tenant to fix the door but they did not do so.

At no time did the LA advice me that I needed to claim through my insurance and they told me that the tenant should be doing this. That I assumed would be the end of the matter but it appears the tenant has moved out of the property and therefore she can no longer claim on her insurance.

I am trying to make a claim through my insurance but they seem reluctant to pay up as so much time as passed and the tenant is no longer in the property.

My LA are asking me if I would be responsible for paying the full cost of the repairs:eek:. I am telling them no I would pay 50% of the cost but no more and would expect the ex tenant to contribute something towards the cost. I can see her point of view and if anyone is to blame I think the LA should take some responsibility.

Her deposit has not yet been released from the Tenants Deposit Scheme and I think the matter will go into arbitration to decide on how to resolve the situation.

Am I being out of order in refusing to pay 100% cost of repairs? The wardrobe doors were built especially for the flats so a matching one could not be found. So it looks like both doors need replacing which will cost $$$$$.

Thanks for any help.

neas

just pay for the door... not alot and move on... the amount of time you will spend on this otherwise aint worth the effort. Whats the cost of the door? In GBP please?

maninthestreet

Wardrode doors don't break in half through just falling off as a result of hinge failure.

Spartacus123_2

The cost is going to be around 600 pounds for two doors as I said they can't find a matching one. neas if you can afford that kind of money then good luck to you I can't especially as I'm taking a month off work unpaid to take care of a relative.

maninthestreet that is what I thought but as I'm overseas I have to take the LA word for it.

maninthestreet

Has the LA sent you pictures of the damage? Tell the LA you don't buy the story about this being accidental damage - wardrobe doors, presumably made of solid wood (given the cost of them), don;t smash in half if they just fall a few inches onto the floor.

mlz1413

This is not fair wear and tear it is damage - accidental or on purpose it is still damage. Therefore the tenant should pay for it.

The tenant was well aware the wardrobe door was broken whilst living there and if they did not take advantage of any contents insurance at the time (if they had accidental damage cover) then that was their decision - personally I'd have been straight on the phone.

The LA's have not helped the situation by not informing you and not putting into writting to the tenant that this damage is their responiblity to fix. It is also your decision to keep using or ditch this agent.

As for paying 50% I think that is an extremely generous offer and I would bite your hand off if I was the ex-tenant.

Make sure all your communication with LA from now on is in writing (email at least) and that letters are acknowledged or answered quickly.

I think the money should come out of her deposit and I'd be surprised if the deposit scheme doesn't agree with you.

Rockporkchop

Certainly agree that doors costing £300 each shouldn't break in half through hinge failure! That does seem a ridiculous amount for wardrobe doors by the way.

Are you sure the tenant actually had insurance? If the flat was rented through the LA then I doubt she would have bothered getting cover for accidental damage, contents only maybe.

I don't understand why her deposit isn't being used to pay for the new doors - surely that's what it's for? She should definitely be made to pay up.

princeofpounds

Tenant should be paying. Insurance is secondary, this is the sort of thing that should come out of deposits.

But £600 for wardrobe doors is ridiculous.

Make sure you get at least three quotes for the work, otherwise when you get to arbitration they may challenge you on this.

gemstars

I'm getting the impression from your comments that these are fitted wardrobes with mirrored doors, am I right? I'm just thinking that this might justify the cost.

Welshwoofs

It must have been a bloody heavy box to take a door off its hinges....

If I were the tenant I'd expect to pay for that damage 100% as it was my actions which caused the door to come off and my fault for a) not reporting the problem and b) managing to knock it over and break it.

As others have said, can't you get that taken out of the deposit?

Spartacus123_2

I'm still talking to my insurers but I am doubtful they will be paying. The tenant refuses to claim any responsibility for her share of the problem and is demanding her deposit back. She is writing to the deposit scheme wanting the cash back in full. She is claiming she had insurance for accidental damage whilst she was in the property but who knows if she actually had it?

gemstars yes they are fitted wardrobes with mirrored doors. They are of a high quality but then again maybe not if they broke in half........