Charging tenant for damage, using deposit

Smodlet

I was entirely on the side of the tenant until I read about the metal-footed chair in the bath. That is not only stupid but dangerous, I would have thought. What if she fell off it?

If she absolutely had to gerry-build a "disabled" bath, surely the least she could have done was to put three or four of those rubber mats down first? They would have prevented most if not all damage to the bath and acted as a non-slip surface. Sounds as if common sense was somewhat wanting to me.

theoretica

The thing about cleaning is you say you are going to be redecorating and new carpets etc, which makes mess and will need cleaning after. Will it really need cleaning before you do this work too? Of course the decorating won't affect the greasy oven which will need doing at some stage and I agree should be at the tenant's expense.

Lunchbox

As someone who rented for many years before buying, I would fully expect to be charged for the end of tenancy clean if I couldn’t get it done myself. I would also expect to be charged for refitting lights - it’s made very clear in rental contracts that you can change things but they should be changed back at the end of the tenancy. Leaving different light fittings in situ may have been acceptable but taking them off and leaving bare wires is not.

Given the length of the tenancy, the other things should probably be let go as a fair compromise.

michele-p

Again, thanks all, for both perspectives we've been getting.

Perhaps I'll add a charge for say 60% of the new kitchen floor, rather than the whole lot. And yes, agreed, using the chair in the bath was pretty stupid of her!

lookstraightahead

michele-p wrote: »

Again, thanks all, for both perspectives we've been getting.

Perhaps I'll add a charge for say 60% of the new kitchen floor, rather than the whole lot. And yes, agreed, using the chair in the bath was pretty stupid of her!

I do not think you particularly need to be a tenant or a landlord to have an opinion on this question. To me it is just about being fair in life and we all have different values. Just like in a work place situation. Sometimes seeing a bigger picture is better in the long run. Good luck with finding a new tenant.

FBaby

Regarding the hole in the door, damage to the vinyl etc, accidents happen, itscoart of life.

Love this quote! Wonder if you would tell me the same if I accidentally put a dint in your car as I got into mine due to the wind. I'd tell you that your car is 7 years old anyway, so didn't think I should pay for the full cost of repairs and your answer would be 'Don't worry FBaby, accidents happen, it's part of life, so don't worry, I'll write it off, I work and earn an income so I can afford to pay the repairs myself'.

Amazing how one-sided some people can be when it suits them!

lookstraightahead

FBaby wrote: »

Love this quote! Wonder if you would tell me the same if I accidentally put a dint in your car as I got into mine due to the wind. I'd tell you that your car is 7 years old anyway, so didn't think I should pay for the full cost of repairs and your answer would be 'Don't worry FBaby, accidents happen, it's part of life, so don't worry, I'll write it off, I work and earn an income so I can afford to pay the repairs myself'.

Amazing how one-sided some people can be when it suits them!

Actually someone hit my door in a supermarket car park and left their details on my windscreen. My car is quite old with quite a few dents and scratches so I did not pursue it. I have also broken the glass on a parked car!!!8217;s side mirror, left my details and they phoned me and said not to worry (it was close to where I live so I suppose they were being neighbourly I dont really know).

Sometimes landlords can be in the wrong too or make mistakes and tenants let it go. If this goes to arbitration the landlord will not get much back for her time and effort. It sounds like she is out of pocket already as she does not have a new tenant yet and I would be sorting that out instead of spending time clutching at a small amount of change.

Horses for courses I suppose.

Lunchbox

michele-p wrote: »

Again, thanks all, for both perspectives we've been getting.

Perhaps I'll add a charge for say 60% of the new kitchen floor, rather than the whole lot. And yes, agreed, using the chair in the bath was pretty stupid of her!

You can’t charge for the whole new floor anyway, that would be betterment. If the floor was laid 2 years ago, and it has a lifespan of 5-10 years (depending on quality) you can only charge tenant for 3/5-4/5 of the cost. I’d also argue that it may have been badly fitted or unsuitable - pulling the washing machine out shouldn’t have damaged it, and isn’t the tenant’s fault.

mangog

The thing is its run as a business not a charity and I don't have the spare cash to let it go. We never put up her rent to match market value/mortgage costs so we have only just covered costs, as we have actually spent a lot out on maintenance over the years in the flat.

If basic maintenance of the property (such as making sure the electrics are safe when a tenant moves out) is beyond your means, perhaps you shouldn't be a landlord, as those things are part of the deal. You say it's not a charity - well we renters are also not paying you out of the goodness of our hearts. We're paying for a place to live, which you've agreed to provide in exchange. I understand that major damage falls outside of regular maintenance and should be charged for, but honestly I think the things you've mentioned are just normal wear and tear over a 7 year period.

It's also entirely your decision not to put up the rent to cover your costs. You can't then hold that against them at the end of the tenancy. If you needed more money each month to cover your costs, you should have put the rent up.

Sorry if this seems harsh OP, but your posts read as if you think you've done your tenants lots of "favours" over the last 7 years. I would argue that you've simply kept up your end of the tenancy agreement. They don't owe you anything in goodwill for that.

michele-p

Wow this opened a can of worms.
I have no need to ease my conscience as when it comes to business I try not become emotionally embroiled.
I want this to work as a business and nothing else.
Many people think that having had the rent paid is a bonus, but surely that is the primary reason the landlord rents a property.
I shall end it here having gleaned enough info be it right or wrong to proceed as I see fit.
The info about betterment was really handy.
Thanks.