Accidental Damage Caused By Tenant

Spartacus123_2

The LA won't take it out of her deposit. If we can't come to some agreement ie both of us paying 50% of the cost then its going to be settled by the tenancy deposit scheme.

neas

You should get invoices and costs for the broken door. Most rentals i've had havent had fitted wardrobes.. altho the latest one has (someones old house). I can see how they would be expensive to get replaced.

Our sit on runners but would definately smash if they fell over.

I'd just take it through DPS, she failed to report the damage until checkout and through yours or the agency incompetency you all missed the damage

I think the agent said they put it in report altho they could've highlighted it toy ou... altho you should've also read through report as well.

As deposit hasnt been returned tyou need to go through that, obv tenant is trying it on and wont agree 50/50.

amy104

I'm a tenant and if I broke something accidental or otherwise I'd replace it myself.

If the door had just fallen off of its own accord fair enough, maybe I would ask the landlord about it on grounds that it might not of been put together properly but you clearly said she knocked it with a box which is her fault.

Spartacus123_2

Thanks for all your comments.

I've been looking at the TDS case studies and have found them to very fair in assessing and awarding damages to the landlord or returning the deposit back to the tenant.

I find it interesting that my LA and insurance agents are co-owned and not once did my LA suggest they would make the claim on my behalf to save me the hassle of trying to sort everything out from overseas. The claims advisor told me it was common for them to do this.

Anyway the tenant will not accept the 50/50 split in costs but I am hopeful the dispute will award me something.

Fire_Fox

You keep mentioning claiming on your insurance but this is a clear-cut case of accidental damage on the part of the tenant so the tenant pays. End of story.

BitterAndTwisted

It could be that making a claim against your own insurance will only be appropriate once you've failed to recover the cost from the tenant, whose total responsibility the original and consequential damage is. Get three quotes and enter a dispute on the deposit. The tenant was lucky to get the 50/50 split offer and are a fool for rejecting it. If you feel the completely new replacements could be considered betterment knock a percentage off for fair wear and tear. It seems your tenant is ignorant of the maxim "a stitch in time saves nine". Or hundreds of pounds in this case

tbs624

Get yourself a new LA but don't ever trust any of them to do anything properly on your behalf. Most of them suffer from a lack of education, training, accountability, formal regulation etc and are probably unemployable in any other sphere of work.

Trawl the small print of your contract with them, confirm in writing what exactly they are to do in specific circumstances and keep a copy. Never, ever let an LA tell you how to handle your rental.

If they are registered with any body such as ARLA, NALs, UKALA, OEA look at the code of conduct and see if there is anything there that you can use.

The T damaged the door - you are entitled to expect the T to pay to rectify the problem and an LA "managing"the property on your behalf should have ensured that the T was made aware that that was what happened in such circumstances. The LA is, however, right that they/you cannot just make a decision to withhold x amount, you need to confirm the costings in writing to the T, there has to be discussion with the T and then ultimately a resolve via either ADR or the courts.

Spartacus123_2

tbs624 LOL I agree!

OK I have now found out why I can't claim on my insurance. Fitted wardrobes are considered part of the building so should be claimed through buildings insurance. I should have made the claim within 30 days but the LA only notified me 2 months after the event :mad:

The outcome is now going to be decided through the Tenancy Deposit Scheme arbitration service. I assume my LA will be providing all supporting documentation as they have been dealing with the ex tenant and I pay for a full management service as I'm overseas. How long does it take for them to make a decision?

clutton_2

if it was me i would refuse to use the Arbitration service and force the tenant to take me to court for a balanced and fair judgement from a judge - i have heard so many unfair decision from DPS arbitration in particular

this long delay may focus the mind of the tenant and make her realise she has a fight on her hands and that accepting 50/50 may be the better option

blued

PasturesNew wrote: »

£600?

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

There are all sorts of things you could buy with £600 but the OP needs to have a fitted mirrored wardrobe door replaced so that isn't really relevant

Is it the glass that has broken and is the frame intact? It might be possible to replace the mirrored part of the door?