What to charge tenant for damage???

Meatballs

FATBALLZ wrote: »

For cleaning, you can't charge for your own labour, so if you cleaned it yourself you can only charge the cost of cloths and cleaning product. If you used a cleaning firm just pass on the invoice.

Where did you get that idea from?

Benji

jay1181 wrote: »

i take it you didnt take a deposit ?

you would need to look at the contract you signed or hope you signed with the renter but if you didnt put it in the contract you cant charge them for it. eg if you stated walls had not to be touched ect ect if so damage charge would be 100 quid ectect them you would be able to charge them . same with vacating the house must be in clean condition cooker ect but if you didnt put it in the contract you cant legaly charge them for it . or keep the deposit . :eek:

Sorry, I disagree. The tenant has a legal obligation to behave in a 'tenant like manner' (Lord Denning) which includes leaving the property in the same level of repair and cleanliness with the exception of reasonable wear and tear.

FATBALLZ

Meatballs wrote: »

Where did you get that idea from?

Pretty sure I read it somewhere, although maybe I'm wrong, this thread suggests it is something that is a bit dubious but apparently a judge allowed for it in one case:

http://www.landlordzone.co.uk/forums/showthread.php?11429-Repairs-Deposit-can-I-charge-for-my-own-labour-time

Benji

Meatballs wrote: »

Where did you get that idea from?

It is perfectly acceptable to negotiate a deposit payment with the tenant on the basis of your own labour and time. But once it goes to deposit arbitration or courts then no invoice means no money.

loobylou232

OP is taking the proverbial. re-plaster walls because og hanging a picture? Jeez.

jay1181

Benji wrote: »

Sorry, I disagree. The tenant has a legal obligation to behave in a 'tenant like manner' (Lord Denning) which includes leaving the property in the same level of repair and cleanliness with the exception of reasonable wear and tear.

yes if he had taken pics and signed a contract at the start of it to prove damage. i have been here and learned the hard way no contract cant charge also no proof cant charge because if you do and then they take it to small claims the landlord will lose trust me i have been there . now i get everything put in the contract eg about decorating ,painting, damage and the need for them to get insurance for their things ect ect .

i respect that you dissagree i was only giving advice from somebody that does this as my bread and butter we rent out 3 houses and have been caught out by damage and cleaning ect that wasnt in the contract so we couldnt charge them after they left now we take pics vids ect before they move in with date stamps just incase .

may_fair

FATBALLZ wrote: »

For cleaning, you can't charge for your own labour, so if you cleaned it yourself you can only charge the cost of cloths and cleaning product. If you used a cleaning firm just pass on the invoice.

No. If the T disputes the charge, then all LL must prove is that he has suffered a loss and that T is liable for the loss.

It would sufficient evidence of the loss if LL has evidence of before/after condition, and a quote for the cleaning work.

Meatballs

Benji wrote: »

It is perfectly acceptable to negotiate a deposit payment with the tenant on the basis of your own labour and time. But once it goes to deposit arbitration or courts then no invoice means no money.

The only thing an invoice is needed is if a) the tenant claims the rate is unreasonable, or b) that the ll never bothered to do the work. It is up to the court to decide whether the amount is reasonable and no invoice doesn't really prove anything. Most LLs use it more as proof of cleaning required rather than having a good inventory.

Any sane judge should realise that a LL charging £10 per hour for a few hours works is going to be much less than a call out fee + work for a contractor.

a) Can be proved by obtaining quotes, or working out a rough amount of hours work and charging a reasonable rate (TDS website example gives £7 per hour a few years back).

b) If required, most tenants wont claim this as the dispute occurs before work could/would be done, can be proved with pics, statements, video, receipts of cleaning product etc.

may_fair

bristol_pilot wrote: »

You cannot charge for cleaning (the oven) unless that was specifically stated in the contract as it is not 'damage'. Using a cooker to cook is fair wear and tear.

No. T is obliged to return the property in the same state of cleanliness as it was in at the start of the tenancy.

may_fair

stclair wrote: »

I thought things such as this had to be done via the TDS now adays:

http://www.thedisputeservice.co.uk/

That is a link to one of three deposit protection schemes. If the tenancy is an AST and the deposit is protected, the parties have the option to settle the dispute via the adjudication service offered by the schemes. However, either party may choose to opt out and settle the dispute in the county court.