Charging tenant for damage, using deposit

michele-p

Hi all, I'm new to this area of the forum.
My tenant of 7.5 years has just moved out of my flat, her deposit is with DPS, and we both have accounts ready there. We were very lenient on her check out, as we were going to repaint, and put new flooring in, which she knew, and obviously there's wear and tear over that time.

She didn't clean, and asked us to get a cleaner, so we have receipts for a cleaner and oven clean to deduct. She put a hole in the new vinyl that we wanted to keep in the kitchen - which was replaced only 2 years ago, we have a receipt for this new floor - the other rooms we're paying for.

My only concern is how to charge for actual damage? There's a small hole in the bathroom door, caused by a hook she put on the wall and her opening the door onto it. We pointed this out, and took photos. Also the bath was scratched by her using a bath chair to sit under the shower. We will probably leave these, and add to the new tenancy agreement, but want to charge her for damage caused. How would I do this? Not charge to replace them both as it would be a real nightmare to replace the bath, but for the fact that she did cause damage.

Finally, she had replaced all the light fittings with her own, when we checked out there was just bare electrics in each room, she has kept all but 1 of the original lights, but we have had to spend tim having them put back up safely. Do I charge for this? (I read we can charge our own time to fix things.)

Thanks!

dimbo61

A tenant for over seven years !
Did she pay the rent every month ?
Normal wear and tear after 7 years.
Time you updated all the light fittings and have a full EICR report done on the electrics.
Consider new LED lighting as less problems and energy/moneysaving.
Repair and repaint.
Get professionals in and get receipts for all the work done.
Look at the local market and consider a new bathroom and kitchen ( can you up the rent ) after refurbishment ?
Part and parcel of running your business

buggy_boy

I would say charge for the cleaning as clearly tenant is happy to pay for that amount.

Vinyl really is not that expensive, you would be looking at maybe £80 to replace, considering its been there 2 years and likely a cheap Vinyl DPS would probably say lifespan is about 8yrs so you would get maybe £60, considering tenant has been there for over 7yrs, if they have always paid rent then I think its not really worth it.

For the small hole in the bathroom door, just go out and buy a hook you can stick on the back, chances are the bathroom door is probably quite old so your unlikely to get anything and the next tenant might end up doing the same to a new door. Scratches on bath over 7.5yrs (possibly more if bathroom not replaced before tenancy) is just normal wear and tear, you can get companies that will repair however I suspect DPS would not give you anything towards this.

Its very difficult to charge for your own time to put back up light fixings, pay for a sparkie to put up the old lights, take photos, you will likely get all of this as this is damage and cannot be claimed is normal wear and tear. Be careful about doing electrics yourself, if you get it wrong its not like your own home, you will be criminally liable, you must be competent, if you are then just get on with it and down charge, you have had rent for 7.5yrs and it will take what a couple of hours to replace the light fittings.

As an experienced landlord, I would claim cleaning as tenant had made no attempt, and I would probably claim to get a sparky to replace the light fittings and check out the wiring to make sure no damage had been done. The other bits I would say fair wear and tear and part and parcel of being a landlord.

I have often been too soft on cleaning and no tenant has ever cleaned to the standard I had a property to them in but have yet to charge anyone for this, as long as they have made a good effort I understand they will be busy moving etc, its when they make no effort is when I would charge.

michele-p

Thanks both for your replies, we have been very lucky to have the tenant for so long. Though we've not painted all that time, she has had a lot done in flat by us, new kitchen doors and floor - due to a flood from old water heater. New upvc windows, and a shower fitted above the bath last year. The bathroom was brand new when she moved in too. Yes she paid rent all this time, we kept it the same level though, as we were happy with her being there.

New tenant will pay approx £100 a month more luckily (assuming we find one soon!). Which I'll be putting aside to keep a fund for next time.

We have an electrical condition report booked in for next week. The cleaning charge is because on move out day she called to say they weren't up to cleaning and were exhausted, so could we arrange it! It really was 8 years worth of grubby/greasy.

G_M

Get written quotes for whatever you plan to claim.

Send to tenant.

If tenant accepts/agrees, you both contact the depsoit scheme which release the correct amount to each of you.

If tenant disagrees, negotiate /compromise, agree, then proceed as above.

If you can't agree, go to scheme arbitration.


Remember 'betterment'.


Read:

* Deposits: payment, protection and return

lookstraightahead

If I were tenant I would go to arbitration. Seven and a half years. A hook?

michele-p

lookstraightahead wrote: »

If I were tenant I would go to arbitration. Seven and a half years. A hook?

It's a hole in the door, caused by a hook on the wall - not just a hook - damage to the door.

I like the idea of agreeing it all with the tenant first via email, before entering it on DPS - could save time in the long run.

I'm trying to be very fair here!

lookstraightahead

A whole door does not actually cost a lot to be honest. She has been a good tenant. You could have much much worse. I have been a landlord and a tenant. I think you are being unfair. When she had a new floor replaced because of your old boiler did you put her up in a hotel or reduce her rent ?

theoretica

If you aren't going to repair them or lower the rent you haven't really any loss to charge for. Hard to put a price on 'it isn't quite as pretty'. But you could investigate filling the hole (will you be having a decorator in for the repainting?) and repairing the scratched bath (depends what it is made of). Doing so might be easier than you think.

mangog

I'm in the position of your tenant - I've been here 7 years, moving out shortly, always paid rent on time, and I've looked after the house as if it were my own. However there are things in the house which have been damaged by wear and tear of the type you describe. Not through carelessness or disrespect, but just from living here for 7 years and being unable to replace certain things (frayed carpets for example) ourselves. If our landlord charged for it on leaving I would be very upset. You can't expect the house to be returned in exactly the same state after 7 years, so I do think you're being unreasonable on that front.

I can't imagine that replacing the light fittings and filling/covering a hole in a door will cost you the earth, and scratches in a bathroom that's 7 years old doesn't seem terrible unless they're so bad you need to replace the bath, which you say you're not doing. In any case, you say you're charging the next tenant £100 more a month even if you don't fix all the damaged items. So it seems to me you're quids in already!

You mentioned that they have had a lot done to the flat by you while living there - well, thats just as it should be! Upkeep of the property is part of your job as a landlord. You almost make it sound like you did them a favour, but that is what they're paying rent for.

Obviously the cleaning bill is a separate issue and she is happy to pay that, so that seems entirely fair.

JuzaMum

Leaving bare wires isn't wear and tear, it's out of order and dangerous. If I left a property like that I would expect a large deduction from my deposit for the electrician to put it all right safely. Electricians are not cheap!
Is the damage to the bath fair wear and tear or misuse? If it's wear and tear obviously no deduction due.