Landlords Beware - My Experience

ShaunParker

Here is just one section of the adjudication - I claimed that the bath needed replacing and it had been used with a a serious leaking crack, I showed the pictures of the ceiling in the kitchen it was brown and bowed.

This is a process that takes a few weeks not days. I was told the pictures were taken 10 days after the tenant left and this is too long a delay for them to be admissable. In the case the tenant claimed they had left a week before I got into the house and I was in the house 1 day after the agreed checkout date. This means the tenant (a lettings manager) knew that by leaving a week before we were due to meet it would undermine photo evidence.

An arbitrator should have enough practical experience to know it takes time for a ceiling to go brown and nasty, especially when it is not summer. Therefore there is no way that builders could of caused this damage when renovating the property, I didn't use builders anyway.

Bath
The landlord is claiming for a replacement bath, due to a crack.
The photographs of the bath are dated 7 May 2014,
some 10 days after the end of the tenancy and show a mark that is approximately 1 inch across. Given,
that the photographs are dated after check-out I am unable to ascertain whether the damage was caused
during the tenancy, or between the period of the tenancy ending and the date on which the photographs
were taken. Due to the lack of detail to show that the bath required replacement and could not have been
economically repaired and the fact that I am unable to ascertain that the damage occurred during the
tenancy, I do not consider that I have sufficient evidence to make an award for replacement.

Kitchen Ceiling
The landlord is claiming that the kitchen ceiling has been damaged by the leaking bath and that the ceiling
needs to be removed and replaced. The check-in report states that the kitchen ceiling is in good condition.
The referenced photographs taken over 10 days after the tenancy ended show staining and discolouration
to a ceiling, I am unable to ascertain if there was significant deterioration in the condition of the ceiling and
that it was in such poor condition that it needed to be removed and replaced at the end of the tenancy, I
also must consider that the damage could have occurred after the tenancy ended or contractors working
at the property could have caused the damage. I am therefore unable to make an award to the landlord.

ShaunParker

Pixie5740 wrote: »

You still don't seem to understand what happens when a fixed term tenancy comes to an end. The tenants did not overstay, they had a valid Statutory Periodic Tenancy by the sounds of things. I take it that the tenants served notice to end the tenancy?

There are 2 other deposit protection schemes you could use should you ever become a landlord again. If you do decide to become a landlord again I would highly recommend you join a landlord association.

Hi Pixie, I do understand and am probably using wrong terminology, but whatever legal measures were open the tenant was going to stay until they wanted to leave after 2 or 3 months, under normal circumstances not much wrong with that but when they are damaging the property it is an issue.

xsinaftersinx

Really sorry you are going through this, as a tenant myself I can tell you that there are good ones out there, in the 9 years I've been renting through 5 different landlords I've had I can count on one hand the amount of times I've had to call them for anything. I would do 90% of the repairs myself (even when people tell me it's the Landlords responsibility). I've replaced a shed at my own expense (the old one had no rood or windows), I've redecorated at my expense (previous tenants had patched up marks all over the house with different shades of magnolia to the actual colour of the wall) but we have been lucky to have great Landlords who have all said that the houses are our home so as long as we change nothing structural then we are free to change things as we like (just to drop them an email so they can make changes to the inventory) as it's us that have to live there.

It makes for a perfect Landlord/Tenant relationship and we have a home that we are proud of and we have never had any issues on check out.

Pixie5740

ShaunParker wrote: »

An arbitrator should have enough practical experience to know it takes time for a ceiling to go brown and nasty, especially when it is not summer. Therefore there is no way that builders could of caused this damage when renovating the property, I didn't use builders anyway.

There was a poster recently (tenant) who had used the arbitration service of whichever scheme their deposit was lodged with. The LL was trying to claim a number of things including the cost of having the over cleaned. The check-in inventory said that the oven showed signs of use, and the check-out inventory said that the oven showed signs of use. The arbitrator sided with the LL though deciding that on the balance of probability the over was probably less clean at the end of the tenancy than it was at the start even though there was no real evidence so it can either way.

IceScraper

OP, you're not going to like this.


You made the mistake of renting your home out. You are emotionally attached to it. Never ever rent your home out. You only rent a house out.


You show a lack of knowledge in getting annoyed they didn't re-sign. They don't have to. They entered a SPT after initial term.


No Pets and No smoking are not legally enforceable. You have to afford the tenants quiet enjoyment of the property. You're obviously a non smoker and any nicotine marks annoy you.


The kitchen ceiling should be claimed on your insurance.


You don't say but is it possible the bath cracked through age? Either way you can't claim the cost of a new bath, only a percentage of it.


You tried to cut costs by not having a professional do the check out inventory. You have now paid the price.


Learn from it and move on. Yes it's not right. Yes they're pigs. But move on as it isn't worth the stress.


Incidentally, I'm a LL who has had great tenants, and !!!! ones also.

ShaunParker

IceScraper wrote: »

OP, you're not going to like this.


You made the mistake of renting your home out. You are emotionally attached to it. Never ever rent your home out. You only rent a house out.


You show a lack of knowledge in getting annoyed they didn't re-sign. They don't have to. They entered a SPT after initial term.


No Pets and No smoking are not legally enforceable. You have to afford the tenants quiet enjoyment of the property. You're obviously a non smoker and any nicotine marks annoy you.


The kitchen ceiling should be claimed on your insurance.


You don't say but is it possible the bath cracked through age? Either way you can't claim the cost of a new bath, only a percentage of it.


You tried to cut costs by not having a professional do the check out inventory. You have now paid the price.


Learn from it and move on. Yes it's not right. Yes they're pigs. But move on as it isn't worth the stress.


Incidentally, I'm a LL who has had great tenants, and !!!! ones also.

Lol this made me smile.