Cost of damage exceeds desposit

sequence

Benji wrote: »

If you are claiming for damages, the tenant has nothing to prove - the onus of proof is entirely on you.

Yes, Bluebond has to prove all of the damage was caused by the T.

You are aware of the betterment rules, Bluebond ?

may_fair

BlueBlond wrote: »

Thank you, may_fair, that's what I was wondering but if we can take the whole lot to court that makes more sense. We probably won't win it all (lack of evidence) but at least we'll know we did what we could.

No, you probably won't win the full amount, but you'll get something if you have a check-in inventory. I claimed successfully against a T for damage and my check-in inventory/condition report was a DIY one, on a single page of A4 (signed by T, though). Then I did the same again after he'd left, took loads of photos etc. Your witness statement is evidence, too - i.e. your side of the story. If you come across as more plausible than the other side, then that does help.

BlueBlond

may_fair, that's really encouraging thank you. The original inventory is good but that person left the company before the tenants left our house.

Yes, the agent has given us information about avoiding betterment and wear and tear, thank you, sequence.

I know we have the burden of proof too but it helps that it's on the balance of probabilities rather than beyond reasonable doubt.

It was a difficult day when we caught up with the husband, he wants nothing further to do with the wife and offered us a reasonable settlement but the legal helpline said we can't settle with one tenant and take the other to court, it all has to be done as one.

We got seven more quotes for repairs today and should have a final total soon.

BlueBlond

Hi again,


I think someone on here mentioned a people finding service but I can't find the link. Please can someone recommend a service to find our ex-tenant's address?

We have the email address of our missing tenant and we know it works but he's not responding to our requests for his postal address and nor is his ex.

Thank you.

BlueBlond

Well, I took them both to the small claims court and the Judge awarded me nearly £3,500, including costs. It was an interesting process and one I hope to never go through again!! Thank you all again for your help.

tbs624

Thanks for returning with an update. Here's to your former Ts coughing up on time in line with the judgment: if not, you'll need to seek enforcement via the court

BlueBlond

Thanks, tbs624.

I've got the money. £1,875 was the deposit which was held by TDS, but the tenants actually paid up first. They were determined to appeal but not agreeing with the decision isn't a basis for appeal. I think they got advice and realised it was best to obey the judgement and avoid CCJs. They paid in full the end of the two weeks they'd been given by the Judge. They are both professionals in full-time employment, I can see it could have been very different if they'd not had the means or the will to pay.