Help Damage to Communal Areas by Tenant

Mercurial

Hi,

Any comments or advice on this would be much appreciated.

I just found out about this yesterday. Two months ago my tenant arrived back home much the worse for wear. She undressed on arriving at the main entrance leaving clothing and shoes up to the second floor where the apartment is located. Somehow she managed to injure herself and left a trail of blood. She tried to gain access to the flat opposite leaving blood on the door before realising it was the wrong flat. Early next morning the clothing and blood was found and the police were called to the apartment where the bloodstains were found. nobody was at home and they broke the door down thinking it was a crime scene. The tenant heard the noise and explained what happened.

The tenant attempted to clean the blood stains but they still remain. Also she caused damage to the Bannister which has not been repaired and then there is the issue of paying for the door to be replaced.

I am waiting to hear from the managing agents. Her tenancy ends in two months so my guess is she plans to leave without making good on the damage caused. Would I be liable to make good on this?

TIA

ILW

You will be responsible, but can then chase the tenant for reimbursement.
i would guess the lease is in your name.

xylophone

Are the communal areas not insured through a block insurance?
When I owned a flat, all lessees were required to insure their individual apartments with a certain insurer and the common parts were insured by the freeholder (paid for through the service charge) with the same insurer- that way there were never any arguments as to liability.

olly300

xylophone wrote: »

Are the communal areas not insured through a block insurance?
When I owned a flat, all lessees were required to insure their individual apartments with a certain insurer and the common parts were insured by the freeholder (paid for through the service charge) with the same insurer- that way there were never any arguments as to liability.

Whether they are insured or not the damage is deliberate, and related to drugs and alcohol.

Also the fact that the flat front door was broken down means there is a bill to pay for this.

I suggest that the OP gets the full cost of the damage while at the same time ensuring they have the employer details of the tenant.

The OP is liable as already stated as the lessee they then need to get the bill and take this off the tenant's deposit, and if this is not enough if the tenant works pursue them for the extra cost.

Mercurial

ILW thanks that is my concern.
xylophone thanks as far as I am aware all claims need to be made within a month.
olly300 thanks I will get in touch with managing agent to sort this out. The tenant leaves the country in two months. Would I pursue the employer or my letting agent.

xylophone

damage is deliberate,

Doesn't deliberate imply "malice aforethought"?

Not by the tenant and by the police only because of a misapprehension?

related to drugs

Where has the OP stated that this was the case?

ILW

Mercurial wrote: »

ILW thanks that is my concern.
xylophone thanks as far as I am aware all claims need to be made within a month.
olly300 thanks I will get in touch with managing agent to sort this out. The tenant leaves the country in two months. Would I pursue the employer or my letting agent.

If the tenant has left the country, I doubt you have much luck with either.
Have you asked your tenant to reimburse the damage?

pmlindyloo

This happened two months ago?!

If it was my door that had been broken down then I would sincerely hope that it would have fixed/replaced by now.

You need to have serious words with your letting agent if you have only just found out.

As the owner of the apartment you will have to pay for the damage. You can check about insurance but I suspect the cost might be less than the excess.

The tenant should be billed for all the costs as she caused all of it. She can pay upfront or you can deduct it from her deposit (you have taken a deposit haven't you?)

What concerns me is this happened two months ago and, since you have only just found out, if the tenant doesn't pay up or you haven't taken sufficient deposit to cover the cost, then you will have no time to pursue her through the small claims court before she leaves the country. Did she have a guarantor?

Mercurial

Thanks everyone the letting agent had no idea a neighbour emailed me when she returned from a three month holiday. I have spoken to the LA and they will call the managing agent to see if it could be covered by their insurance. Failing that an invoice needs to be issued for carpet cleaning and repair of Bannister if she does not get these items fixed they will try to deduct it from her deposit. I have a feeling I will be paying for the door at least. The tenant leaves the country in July.

Thanks again for your help.

lemontart

surely this comes out of the security deposit if the tenant does not wish to pay

G_M

1) establsh the full cost
2) send bills to tenant requesting immediate payment
3) if tenant cannot not pay, agree a payment plan (spread between now and date tenant leaves
4) if tenant refuses to pay either
i) sue
ii) deduct from deposit at end of tenancy
iii) both of the above

Letting agent is not responsible. Nor is employer (unless you sue AND get an 'attachment of earnings' order from court)