Irresponsible Tenant

darkblue_2

Fiddlestick wrote: »

Their property, their rules.

As a tennant I wouldn't want to rent a room that a smoker had previously lived in.

The smell lingers and the residual carcinogens that accumulate on the walls and ceiling can still prove harmful even after the smoker has left.

I agree. But bill them for the cleaning costs.

It's unenforcable without proof of the person smoking in the house. If you took it to court after a notice to quit and eviction orders - a judge would through it out based on the fact that you cannot prove anything was smoked in the property. It can be claimed that windows were left open, or a door left open which he smoked outside.

Unless you video him smoking - and that would be breaching entry and human rights - it's not possible to prove.

So just bill them for the cleaning costs afterwards.

Jowo_2

SingleSue wrote: »

So exclusive, I had never even heard of them!

Neither had I but I've seen some of their products advertised on other sites and they look very nice indeed. Looks like you can rotate and extend many of their surfaces.

http://interiors-thestudio.com/cadabra-cocktail-table-noas-p-491.html

"NAOS “La Casa Animata” or – in English “The Living Home” – is a collection of innovative dining tables, cocktail and side tables and accessories designed to breathe life into solid materials with surprising levels of functionality.

The overall theme is “motion”, creating motion though interchanging surfaces that move the energy, emotions and mood. NAOS believes that “motion becomes emotion” which, paired with the “creativity of Italian design” transforms a house into a dynamic, living home. "

boxer3

Dark Blue...A professional academic then?...Well done and good for you.

darkblue_2

Why thank you.

Jowo_2

boxer3 wrote: »

...

Maybe what im trying to clarify (and I ask respectfully for legal facts here not personal opinions) is whether in the eyes of a small claims court, we should have asked for a much bigger deposit to cover the value of the items, (in which case no tenant would have been interested.).

As you have noted, if you increase the deposit, you decrease the likelihood of tenants wanting the property. There is also an issue related to premiums if more than 2 months deposit is requested.

http://www.landlordlawblog.co.uk/2010/06/28/why-can%E2%80%99t-tenancy-deposits-be-for-more-than-two-months-rent/

Unless this is a luxury flat with ultra high rent, take out the expensive furniture and put it into storage. Either replace it with cheaper products or let it unfurnished or semi furnished.

tbs624

d

boxer3 wrote: »

Many thanks for all your replies. The coffee table's original value was £1500! So as you can see we have deducted a proportion for replacement purposes taking wear and tear into account. The same with the sideboard. None of you have offered any advice regarding the flooring.

Its not advice that's given on here - it's suggestions, some of which will be based on other posters' specific knowledge and some on their opinion. If you can't accept that then don't post on a public forum - go and pay for some professional advice elsewhere..

Google "mydeposits" and LLs guide to "fair wear and tear". Cost of item, age & condition at start of tenancy, no of years it would usually be expected to last in a rental property, helps you to arrive at amount chargeable to T.

boxer3 wrote: »

The expensive furniture was in situe when we lived in the flat ourselves. We had to move due to work. The flat is also in a large development and although it does seem crazy to have such expensive items in a rental property... it has always been this fact that has made tenants choose our flat over the others available in the development.

Is your rental figure higher than other similar properties?

boxer3 wrote: »

Maybe what im trying to clarify (and I ask respectfully for legal facts here not personal opinions) is whether in the eyes of a small claims court, we should have asked for a much bigger deposit to cover the value of the items, (in which case no tenant would have been interested.)

You can't charge a tenancy deposit greater than two months rent equivalent or it may be held to be a "premium". (edit- cross posting - I see Jowo has highlighted this too)

Why do you think the court would concern itself with whether you had sought a large enough tenancy deposit? They are there to decide whether the figure you would wish to charge your T for dilapidations will stand up to scrutiny. Some Ts do cause damage in excess of their tenancy deposit and the LL is at liberty to pursue the T for those extra costs (obviously there is no guarantee that the court will agree with the LLs figures)

You say that the deposit scheme will decide and then talk about court - either party can choose to push it to court but whichever method you choose, the decision will be binding on both parties - you can't simultaneously try both avenues.

It is always harder for a LL if a property has once been their own home , and the furnishings are "own home" ones rather than ones bought specifically for rental use.

Focus entirely on what is needed to put things right, not on your views on the Ts lifestyle which just make you sound like a prig.

If there are "cigarette burns all over the amtico flooring" which render it unusable then you will be entitled to the costs of replacement, less an amount for FW&T.

If the coffee table is "smashed"- is it repairable? Same with the sideboard - saying it will "never look as perfect as it was" doesn't really say much. Your inventory on check in and out is what is needed here.

You have to let go of the "home" aspect and look at it as a business operation. Clearly these issues haven't prevented you from getting a new T in place.

Bear in mind that even if you get a judgement against the T , it's often the enforcement of that judgement that becomes the issue.

boxer3

The pleasure was all yours. Lol

pimento

I don't own a coffee table! Am I missing out? I do rather like the idea of one with a picture of the Taj mahal on though.

SandC

If there are expensive fixtures and fittings in the property shouldn't either the landlord have specific insurance to cover these incidences or have a clause in the tenancy that the tenant should, or risk receiving a large bill for any damages?

I wouldn't class bongs as 'smoking' anyway. Though I would be mad at the burns on the flooring too. What has he been doing, stubbing them out on there with his feet?

boxer3

tbs624. Many thanks for your informative advice. Very helpful. I agree with most of what you've said.

Re your comment 'Focus entirely on what is needed to put things right, not on your views on the Ts lifestyle which just make you sound like a prig.'

I don't believe I'd passed any comments or judgements on the tenants lifestyle... please enlighten me if I did. I've only commented on the fact that he has broken the terms of the lease he signed.

Again many thanks for your reply.