Accidental Damage Caused By Tenant

barnaby-bear

Spartacus123 wrote: »

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........

This is not fair wear and tear it's damage - tenants are responsible for damge to furniture and fittings by themselves or guests whether accidental or not (they aren't for third party uninvited stuff like vandals lobbing bricks through windows).... your tenant may or may not had insurance and may have chosen to claim or not claim - irrelevant how she covers damage she caused is up to her - if she didn't claim then and can't now - her problem. Just claim the entire cost off the the deposit service). Although £600 sounds excessive and maybe into betterment territory.

Welshwoofs

Spartacus123 wrote: »

The tenant refuses to claim any responsibility for her share of the problem and is demanding her deposit back.

lol how can she refuse to claim any responsibility when she's told the LA that the door came off its hinges when taking down a heavy box...and it subsequently fell over and broke in half from the place where she left it when she was a tenant?

Is she claiming the property has poltergeists?

barnaby-bear

Welshwoofs wrote: »

lol how can she refuse to claim any responsibility when she's told the LA that the door came off its hinges when taking down a heavy box...and it subsequently fell over and broke in half from the place where she left it when she was a tenant?

Is she claiming the property has poltergeists?

Agree, once she broke it it - she should have arranged repair (even asking LA is a bit of a cheek) - but until repaired her responsibility to store it safely....

Spartacus123_2

barnaby-bear I agree with you regarding the replacement will be better than the original that is why I am offering to pay 50% towards the cost of any replacement.

Welshwoofs she states she has no responsibility has she informed the LA of the damage once she had done that she washed her hands of the situation and therefore doesn't think she has to contribute. IF the letting agent had acted quickly then the cost to repair would have been minimal but of course the LA are not claiming any responsibility.

Essex_Maid

If what u say is correct, she is trying to pull a fast one - and so is the LA. I presume they were acting as managing agent, so a) should have got the matter rectified either by telling the tenant they are liable and to claim off her insurance - or by telling you of the accident and thus allowing u to claim off yours. I believe they should be working for their management fee - it is there job to sort out problems - it is damage to your property and the tenant is responsible.

Fraid u gonna have to get tough with the Agent and tell them to get it sorted.

Just another thought - do u have a legal helpline on the property insurance - they might be able to give you some back-up.

barnaby-bear

Spartacus123 wrote: »

barnaby-bear I agree with you regarding the replacement will be better than the original that is why I am offering to pay 50% towards the cost of any replacement.

Welshwoofs she states she has no responsibility has she informed the LA of the damage once she had done that she washed her hands of the situation and therefore doesn't think she has to contribute. IF the letting agent had acted quickly then the cost to repair would have been minimal but of course the LA are not claiming any responsibility.

If she had stored it safely once SHE broke it - and IF she hadn't knocked it over regardless of the LA the repair would be minimal..... Like WW says does she have poltergeists.....

PasturesNew

Spartacus123 wrote: »

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.

£600?

I could get good quality carpet, curtains, a bed and a whole set of matching bedroom furniture for that much.

mlz1413

OP write to the deposit scheme ASAP with your ID / Ref number and ensure they are aware of the dispute - do it recorded delivery.

Then kick your LA up the backside and get them to dig out the signed contract, high light the areas of it that refer to damage and send a letter to ex- tenant, copied to you, stating the events and how they will be dealt with.

If your LA doesn't do the job properly take it on yourself and ensure it is chased up so it doesn't drag on.

Spartacus123_2

I just called the agent asking why the repair wasn't done when reported? They told me it was in my inspection report and why didn't I do something about it. I told them that if any work needs to be done they email me telling me the cost and get my permission to proceed this wasn't done. They are going to review the case.........

Yes, the tenant should have stored the door safety, she could have done that quite easily.

Judith_W

Def agree that this is exactly the sort of thing that should come out of a deposit. Just because it was not dealt with at the time only means that the tenant hasn't managed to get it dealt with more cheaply, but thats not your problem