Is my (ex) tenant correct?

moneybunny123

To cut a long story short, my tenant left my house one month after I'd given her two months notice. She left owing 2 and half months rent, and there was a lot of damage to the property. Carpets were left with serious stains (that I'm still not sure if they can be removed, or whether they will need replacing), the walls were not returned to their original, magnolia state as per the tenancy agreement and inventory, and one of the carpets was missing (which she claims was due to flood damage that I'd never been told about).

Anyway, she was in agreement that I could have the entire deposit, but I'm still yet to receive this from the DPS. She also agreed to pay for the missing carpet to be replaced. I sent her a letter (via her father's address as I don't know her new address - she refused to give it to me) saying what the cost of the new carpet would be and included a quote from a carpet shop. I said that if she paid for the carpet within one month, that would be the end of it. However, if she didn't, I would then take her to court and demand that everything else was paid for (carpet being cleaned, redecorating, etc). She has sent me a text message today to say that she's been advised "by her solicitor" that she'll only pay for it once I've paid for it to be done and I send her an invoice. She refuses to pay up front based on the quotation. To be honest, until the deposit comes through and until she pays for the carpet, I can't afford to pay for it up front!

Is she right? Is she within her right not to pay for it until I've paid for it and sent her an invoice? Or can I demand that she pays it up front? I think she's getting out of this lightly to be honest. If I wanted to, I could probably take her to court for over a thousand pounds, nevermind the hundred or so I've asked for the carpet.

sequence

Well, you shouldn't be getting the full cost of the carpet anyway as that will be betterment. If it goes to court or the DPS they will decide what percentage of the price you should get based on age, cost etc.

It sound's like there's a lot of other damage so, you're going to be out of pocket, unless you take her to court.

Shouldn't you be raising a dispute with DPS ?

taxsaver

Then respond respond reminding her of the terms of your offer and outlining the additional items that you would then claim for if forced to go to court. In other words, call her bluff!

G_M

Send her a claim for :
the 2.5 months rent
% of carpet
% of wall redecorating
etc

Doubtless this will be much more than the deposit.

Repeat your offer to drop other claims if she agrees to the full deposit .

Head the letter "Without prejudice".

moneybunny123

To be honest, I don't expect her to (nor care if she doesn't) pay for the carpets. It's more the principal! AS IF she's consulted a solicitor!! Yeah right! She has a dozen CCJs already against her name judging by the post that arrives at my property on a daily basis. She owes more money than I care to even think about! How's she affording a solicitor?! (Maybe she flogged the 50" plasma TV I noticed on the last inspection....).

It was more of a case of knowing if I could actually tell her that she must pay before the work was done, rather than the other way around.

The carpets that were down before she moved in were practically brand new and in immaculate condition. Now, I wouldn't let my dog roll around on them for fear of him getting dirty.

G_M

moneybunny123 wrote: »

...It was more of a case of knowing if I could actually tell her that she must pay before the work was done, rather than the other way around.

The answer to your Q is that there is no obligation on a LL to do the work before a tenant pays, nor indeed is there any obligation on the LL to ever do the work.

The tenant pays for the damage. What the LL does with the money is his business. He can choose to leave the property in the damaged state and go on holiday.

But the LL must prove that the amount claimed is genuinly the value of the damage - for which a receipt, or a quote, from a contractor, is obviously helpful.

[Deleted User]

If the tenant has CCJ's etc .., presumably unpaid.., if notices are coming thru the door of the flat.., might it not be an expensive and unworthwhile process trying to get more money than the returned deposit and months rent in advance out of her? Its obviously not right that u are left out of pocket.., but u could be wasting your time either trying to get another £100 out of her, or taking ehr to court. It doesn't sound like its worked in the past.

However, u obviously need to get the deposit back. I'd concentrate my efforts on that, giving the DPS photo's of damage and estimates for replacement/repair as proof of why the deposit should be withheld from the former tenant and given to you.

And I'd credit check the next tenant.., its not an expensive process.

[Deleted User]

Hence the credit check, getting references etc.., altho personally, I think the above suggestion is a bit of a 'conspiracy theory' suggestion lol.

moneybunny123

Don't worry - there wont be another tenant. I don't ever intend to let out another property again.

G_M - thank you, that's as I suspected.

poppy10_2

moneybunny123 wrote: »

Don't worry - there wont be another tenant. I don't ever intend to let out another property again.

What are you planning to do with the property then? I thought you dould't sell it as it was a shared ownership property?

moneybunny123

poppy10 wrote: »

What are you planning to do with the property then? I thought you dould't sell it as it was a shared ownership property?

Impressive memory. I'm thoroughly impressed

We paid off the builders yesterday and bought their quarter. The place is now ours to do with what we like. So we're moving back in and getting it on the market and getting it sold. Or that's the plan....