Ex-tenant caused damage can I ask the LL to chase them?

Gonzo1987

Leaving rental property this week due to LL wanted decorators to start before the tenancy ends.

I know they will try to retain some of the deposit due to damage cause by my violent ex who no longer lives here - there is one specific item for which he is totally and utterly responsible for. Can my LL go after him directly for the damage or will it be part of the deposit dispute (i say dispute because I don't think they LL will like the fact that due to the decorators starting before the end of the term they will be unable to claim for certain bits)

As my deposit is unprotected this will have to go through the courts so can I suggest they make a separate claim against my ex for one part of the damage?

princeofpounds

You can suggest, but it won't get you anywhere. They can pursue any of the tenants given you were almost certainly jointly and severally responsible.

Gonzo1987

Thought as much, oh well, shame he gets away with everything.

eddddy

Gonzo1987 wrote: »

Thought as much, oh well, shame he gets away with everything.

Hi Gonzo

In simple terms, the way the law sees it is: the LL can pursue you - and you can then pursue your ex.

But that may not be practical for you...

G_M

As prince says, your ex is (most likely) not an ex tenant. I assume he is a joint tenant and remains so until the tenancy ends (even if he personally has moved out).

As such, you are both equally liable for the tenancy (and damage) and the LL can chase either of you, or both.

The LL's first course of action will be to use the deposit. That is what it is there for. If that is not enough (or there is no deposit), he is most likely then to chase the tenant easiest to find.

But by allmeans speak to the LL - he may be sympathetic, and yes, he does have the option to sue your ex through the courts.

Gonzo1987

G_M wrote: »

As prince says, your ex is (most likely) not an ex tenant. I assume he is a joint tenant and remains so until the tenancy ends (even if he personally has moved out).

As such, you are both equally liable for the tenancy (and damage) and the LL can chase either of you, or both.

The LL's first course of action will be to use the deposit. That is what it is there for. If that is not enough (or there is no deposit), he is most likely then to chase the tenant easiest to find.

But by allmeans speak to the LL - he may be sympathetic, and yes, he does have the option to sue your ex through the courts.

When he moved out his name was taken off the agreement, so he's no longer a tenant. But he was there at the start of the tenancy, as the deposit wasn't protected its not gone through the process of being re-registered with the TDS or who ever when the tenancy renewed, so I had hoped that might mean the LL would be able to just pursue the ex.

Although, if the decorator fixes this one bit of damage prior to the end of the tenancy and it's fine at check out I guess the LL has no ability to claim for the damage anyway?

benjus

You keep saying that your deposit is unprotected... are you implying that it did not need to be protected? Because if it was unprotected but should have been protected, the LL would be wise to return it all and cross his fingers that you won't sue him for the non-protection penalty.

Which part of the UK are you in? When was the last time you either signed a new tenancy agreement or allowed a fixed-term agreement to turn into a Statutory Periodic Tenancy?

Gonzo1987

benjus wrote: »

You keep saying that your deposit is unprotected... are you implying that it did not need to be protected? Because if it was unprotected but should have been protected, the LL would be wise to return it all and cross his fingers that you won't sue him for the non-protection penalty.

Which part of the UK are you in? When was the last time you either signed a new tenancy agreement or allowed a fixed-term agreement to turn into a Statutory Periodic Tenancy?

No, it did need to be protected, I have the info to prove it hasn't been including email from LL saying they won't be protecting it.

In England, new agreement is signed yearly in May.

Gonzo1987

When leaving the property, should i take photos and metre readings on the day we have been told to be out (not the date the tenancy ends) and then return the day before the end of the tenancy and take photos etc of what the decorator has done?