Damages made by tenant

Jimsbaddescisons

I really appreciate all of your constructive suggestions.

Let me answer the questions, 6 weeks rent was taken as the holding deposit and it is protected by the My Deposit scheme. My inventory list is full but I wouldn't say is thorough as it only listed all the items rather than conditions of the items.

Now, all damages made in and around of the flat was caused by fights. I am already under pressure from flat management to vacate tenant because of the violence, noise and disruption she has caused. Neighbours have complained three times, the advice I had from the letting agent was to vacate her at the end of the tenancy as apparently to vacate her by force would normally take 6 months to do so. Tenant never informed me any damages she has done, I only hear from complains and rare visit. When I asked her why there is a damage, she merely says someone had a fight, doesn't even show any remorse. Holes on the concrete wall to her is not a big damage.

In terms of the door situation, she didn't inform me the damages (I received the complain by email) on the panel and she arranged repair without my authority after I told her I would deal with it. I indeed considered to replace the panel only initially and got the quote from the original supplier. But upon seeing the horrible result from her arranged repair, especially silicones everywhere around the whole door and the frames, I decided to replace the whole door. I wanted to charge her £850 which is what I was quoted for the PVCu door replacement, but I would pay for the new fire door for £1150. The second damage on the glass happened afterwards, again I was told by complain email despite the fact I told and emailed her several times that she needs to look after the flat and notify me any damages.

I have lost my trust in her, I refuse to accept any cheaper alternatives she tries to offer. In the meantime, she is making more damages. The newest ones are sofa and book shelf.

Sorry for the long post, I hope I am clear and you guys can offer me more advice. Thank you all very much.

grifferz

You say she is moving out "soon" - does that mean that her fixed term is coming to an end? And you've served he notice to quit for the end of the fixed term?

Since she's upsetting neighbours and causing more and more damage you want her out before worrying about the doors and walls.

Once she is out you can deduct damage from her deposit as long as you have grounds for that. The obvious damage to walls and door shouldn't make it hard to prove that. Her defence of "there was a fight" is not going to cut it in a dispute.

The only thing I would worry about as far as disputing the deposit deductions goes is you may deduct £1,000 for a new door and she disputes saying she could have got it done for £200. So you perhaps should get as many details as possible from her as regards her proposed replacement so you can see demonstrate why it isn't suitable should you have to.

At this point I think I would be more worried that she's going to refuse to leave.

Jimsbaddescisons

Yes, her fixed term (one year) is coming to an end in one month's time. I am concerned that she wouldn't move out but I think she will from the tone of her recent email.

I am also concerned she would do damage to my own residence for revenge as she is really violent, she even damaged the window sill in the communal hall of the flat which again I was notified by flat management, flat management wanted to charge "me" for £260. I am not sure if I can deduct that from her deposit because there is no hard evidence that she did it, I am also certainly hesitant to pay for it myself.

At this minute, I am not considering charging her for the late rental payment penalties. It is getting close to her total deposit.

I want to know if I have enough ground to charge her £850 for the door for the situation I described. What do you people think? Thanks!

grifferz

Jimsbaddescisons wrote: »

I am also concerned she would do damage to my own residence for revenge as she is really violent

I would say don't be bullied and cross that bridge when you come to it.

Jimsbaddescisons wrote: »

she even damaged the window sill in the communal hall of the flat which again I was notified by flat management, flat management wanted to charge "me" for £260. I am not sure if I can deduct that from her deposit because there is no hard evidence that she did it, I am also certainly hesitant to pay for it myself.

I am not sure myself but I would have thought the building management would need to take that up with her directly wouldn't they? I am sure someone who has experience of this will answer.

However, if it does end up that you as the leaseholder are responsible for damage that your tenant does to the communal areas, then what I would do is insist that building management provide you with evidence that your tenant has done it. You will then be able to use that evidence when you deduct it from your tenant's deposit.

Jimsbaddescisons wrote: »

I want to know if I have enough ground to charge her £850 for the door for the situation I described. What do you people think? Thanks!

Do you have it in writing (emails?) how the door came to be broken?

As regards the door, what I would be concerned about is:

1. Is she going to change her story when disputing deposit deduction ("No idea how it happened, was always like that. Prove I did it")
2. If she does not dispute doing the damage is she going to dispute your level of deduction by producing her £200 quote?

Which is why I said (and others have also said) to look in to her quote at least to be able to show that it is not a like for like replacement.

Jimsbaddescisons

I had the same thought with regards to the damage in the communal hall.

In terms of the door, I would have thought that there are so many suppliers to choose from, it's not up to the tenant to decide where I get the door from. Besides, I am not choosing from the most expensive supplier. However, because of her damage and attempted bad repair without my authority, I have to change the whole door. I did not ask her to pay for the fire door, I merely want to charge her for the price of the PVCu door. I wonder if the judge will agree with me, that's my concern.

Where have these people gone who asked me to answer the questions? Any input?

grifferz

Jimsbaddescisons wrote: »

In terms of the door, I would have thought that there are so many suppliers to choose from, it's not up to the tenant to decide where I get the door from.

It's not that you have to let her decide (you don't), it's that if you deduct £1,000 from her deposit for replacing and fitting a door and then she disputes that and produces a quote for the same thing for £200 then you may have the decision go against you. So it may be worth your while just taking a look at this quote of hers.

I'm assuming you have stopped all renovations and repairs to the extent that is legal (i.e. you're keeping the place safe and habitable but that's it)? Because it sounds like repairing anything in this last month is just risking her destroying it again.

Jimsbaddescisons wrote: »

I merely want to charge her for the price of the PVCu door. I wonder if the judge will agree with me, that's my concern.

That is fair and proper and I would think you have the law on your side, you just need to protect yourself against any dispute that you're spending her money to upgrade the door as opposed to replacing like for like.

Having the receipts for the original door that she broke would also be helpful in case of dispute.

Jimsbaddescisons wrote: »

Where have these people gone who asked me to answer the questions? Any input?

You'll have to be patient, people here are answering in their own time.

If you want someone you can call on for advice on a Saturday night, well, I've seen what solicitors charge for meetings during the work day so just scale that appropriately for a weekend evening and then you can complain! :rotfl:

Jimsbaddescisons

You make me laugh, grifferz. I am not complaining, I felt bad for not answering questions and now I have, they are not here any more.

No damage is repaired yet, and she never tells me.

I never said I want to or will deduct £1000, it's £850 all along. Unfortunately, I don't have the original receipt. I just called the original supplier and they told me to supply and fit the same door, it's £850.

Werdnal

Jimsbaddescisons wrote: »

You make me laugh, grifferz. I am not complaining, I felt bad for not answering questions and now I have, they are not here any more.

We are here! Some of us have better things to do on a sunny Saturday that forum surf !

Regarding repairs to the door, you are entitled to use whoever you choose to carry out repairs to your property, BUT you should mitigate your losses and not charge for a "Rolls Royce" door when it was a "Ford Ka" style door you had in the first place. I would get 3 comparable quotes for the work first, as proof you have no just grabbed the first supplier who came along. Who quoted her for the work - have you got anything in writing, or did she just get her mate's hubby to nip round and stick it up with silicone?

Your inventory not having details of the condition of each item might go against you should you claim for damage to furniture and fittings. Tenant could claim the damage was pre-existing when they moved in.

However, the thing that concerns me the most here is that you seem to be assuming that your tenant will leave voluntarily at the end of the fixed term. I think you should be issuing her a S21 notice to ensure that if she does not vacate then, your notice is in place to proceed with eviction through a court possession order. If she is this much of an unreliable and unruly tenant, do not sit back and hope that she leave. You must take action now - this may also placate the neighbours that you are actively seeking to evict her.

She has proved to be less that reliable and trustworthy so far, so don't count on the tone of her recent email meaning she is going quietly when her fixed term ends!

Jimsbaddescisons

Welcome back, Werdnal. I emailed and posted the s21 notice, but I was afraid that she would say she hasn't found anywhere yet.

I am thinking of bring along a handy man to quote the cost of repairing internal damages on the last day of her tenancy, things like holes on the wall, broken hinges of the wardrobe, broken handles of one window, and repairs to curtain poles which were forced out etc. I am deadly certain there will be many more.

With regards to the door, I said I would deal with it but she went out and found someone without my authority, she called me when the repairing was taking place and I was told on the phone it would look like new, like nothing happened after the repair. But I was really disgusted with the result, seeing that not only the holes was badly filled but also silicone was everywhere to the whole door and the frame. That's why I decided to replace the whole PVCu door rather than just the panel. But I was told if the door is replaced, fire door needs to be fitted so I paid £1150 for a new composite fire door and want to charge her £850 (same PVCu door but new, quoted by original PVCu door supplier). I think I am fair, even if she agrees to pay £850, I still had to pay £300 more from my pocket owing to her damage because if she didn't get the bad repair, I wouldn't need to change the whole door and if I didn't need to change the whole door, I wouldn't need to install a fire door, do I have a point? Since I told her about the £850, she went to find another supplier who apparently can change the whole door for £200. Before we came to any agreement, the glass was broken on the old door. I feel she deserves to be charged even more because of her violent behaviour and her stinky attitude. She trashed my flat, I can't even get like for like items due to wear and tear. My original sofa was two seater leather, cost almost £600 and now she wants to buy me £279 leather ones from Argos. Is there any advantage I have?!

Sorry I am repeating myself, concerned I wasn't clear initially. Hope this is easier to read.

robatwork

thelem wrote: »

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

I bet they upgraded the lighting though.