Damages made by tenant

Jimsbaddescisons

I am having the worst possible tenant at the moment. She is moving out soon but made tons of damages. The biggest problem is she does not feel bad about anything and all she's prepared to offer is cheap alternatives. I would like to know what rights I have as a landlord in terms of requesting tenant to pay for replacement. Am I able to decide how much to charge or tenant can get alternatives to meet the "moving-in conditions" (eg a much cheaper new leather sofa)? Help needed urgently, TIA!

Werdnal

Have you taken a deposit?

Is it protected?

Did you have a full and thorough written inventory detailing the condition of the property and all its contents at the start of tenancy?

You can claim for value of damage, but not full replacement value of the items, as you need to factor in the age and allow a percentage for the lifespan of each item. Was the sofa for instance, brand new when tenant moved in? If so, you can claim a higher value for the damage than if it was 5 years old when the tenant arrived. However, if it it possible to repair it, you cannot claim for a new sofa either!

You need written proof for any claims, hence the inventory is a necessity.

G_M

Werdnal is absolutely right, but additionally

Tenant cannot replace with an inferior quality item (though I suppose by agreement you could accept a brand new, lower quality one in place of a 5 year old higher quality one)

So you need to
* assess the damage
* compare against your inventory
* get quotes for repair or replacement
* allow for age
* advise tenant of the cost

then either
* take payment for cost above or
* deduct from deposit
* sue via the courts

thelem

As Werdnal says, you can claim for any real costs you've incurred AFTER taking into account usual wear and tear for a reasonable tenant, but if the tenant contests it then it's up to you to convince a deposit scheme or judge how much you've lost out, which is where a good inventory will be essential.

I'd challenge your "worst possible tenant" though - ever had a cannabis farmer rent your property?

Jimsbaddescisons

Thanks for all your advice.

Tenant made two damages to the PVCu entrance door of the flat, first two holes in the panel, secondly glass was broken. We were told - according to the new regulation, if we are installing a new door, it has to be a fire door. So we had to pay more than one thousand pounds for a composite fire door and asked tenant to pay for the cost of the equivalent to replace the PVCu door, but tenant said she can get a company to replace the PVCu door for 200 pounds.

Much appreciated, any suggestions?

moromir

Why do you need to install a new door because of what sounds like relatively minor damage? These doors come apart because they're made up of panels - find the original installer/manufacturer and ask them to replace the panel she drilled in to and the glass?

tbs624

OP - you may find it useful to read the guides for LLs, which are available on one of the tenancy deposit scheme websites - see here.

The info there is relevant whether needing to pursue a T via the courts or if dealing with a dispute over deposit return via the scheme's adjudication set-up.

Although it sounds as though you have already bought the replacement door of your choice, Moromir is right in thatyour damge description reads as though repairs to the original door may have been possible. Did you check that out? You may find it helpful to read up on "betterment".

You have not answered other posters' queries about whether:

(a) any tenancy deposit was paid to you, and if there was
(b) did you scheme register it, as required by law?

Did you also meet the legal requirements on providing the scheme's "prescribed information" to the T?

The reason you were being asked about this is that if you have failed to meet the legal requirements over any tenancy deposit then your T would be able to pursue you to court. If the court decides against you, it must order a penalty payment to the T of between 1 and 3 x the deposit equivalent.

tbs624

moromir wrote: »

Why do you need to install a new door because of what sounds like relatively minor damage? These doors come apart because they're made up of panels - find the original installer/manufacturer and ask them to replace the panel she drilled in to and the glass?

The OP simply refers to holes in the panels - these could have been the result of accidental damage (insurance?) or an attempted break in, as could the broken glass.

theartfullodger

Jim: The key issues will be made clear if you could PLEASE answer Werdnal's questions....

Werdnal wrote: »

Have you taken a deposit?

Is it protected?

Did you have a full and thorough written inventory detailing the condition of the property and all its contents at the start of tenancy?

You can claim for value of damage, but not full replacement value of the items, as you need to factor in the age and allow a percentage for the lifespan of each item. Was the sofa for instance, brand new when tenant moved in? If so, you can claim a higher value for the damage than if it was 5 years old when the tenant arrived. However, if it it possible to repair it, you cannot claim for a new sofa either!

You need written proof for any claims, hence the inventory is a necessity.

Cheers!

G_M

And, in addition to all the above

tenant said she can get a company to replace the PVCu door for 200 pounds.

have you followed this up? If the company referred to can genuinely do the same thing as your own supplier/installer but for 1/5th the cost, then you can't claim £1000!

moromir

tbs624 wrote: »

The OP simply refers to holes in the panels - these could have been the result of accidental damage (insurance?) or an attempted break in, as could the broken glass.

You are of course correct, my bad - I think I extrapolated that perhaps she'd hung a net or something in front of the glass for privacy - let my imagination go wild there