Damages in a let shared property

Al_Ross

I was wondering on how it works if damage gets caused in a let property, that is let to two different tenants, and the damage is in the communal areas i.e., kitchen and lounge.

GeordieGeorge

The person who caused it should pay for it.

anselld

What type of tenancy?  Individual room agreements or joint tenancy?

Either way it would be best if whoever caused the damage owned up to it.

Al_Ross

Individual room agreements with shared communal areas.

One has given notice to quit, her room will need full repainting as the ceiling and walls are covered in candle soot which she has had a go at cleaning but just made it really obvious. Communal things are a two-seater sofa (the one she uses) one arm is damaged and badly stained. A solid oak coffee table again where she sits stained with drink glasses or hot mugs. A chunk out of the edge of the kitchen table and one kitchen cupboard door below the sink water damaged where water has gone down the back of the door. The whole flat is also very dirty and looks like it’s never been cleaned since she moved in 10 months ago.

She will most likely deny she did any of the damage.

anselld

Well her room - that is down to her entirely.  However the usual caveats apply, Landlord needs to provide evidence of change of state between checkin and checkout, costs need to be reasonable and allow for fair wear and tear.

Regarding the communal, it would be shared responsibility unless someone owns up to individual items.   If she hasnt cleaned for 10 months then neither has the other tenant.

lisyloo

How long has she been there?
there is an allowance for wear & tear so after a long time (I mean many years) a landlord should expect to repaint.
damage is different to wear & tear (is she responsible for the water leak?)

normally what happens is deposits are held with a deposit scheme.
the landlord says what they will deduct and the tenant can dispute.
it sounds like there would be evidence to deduct from the deposit from the information given.

id say 
painting - should be expected if she’d been there many years otherwise it’s damage
where she sits - damage
kitchen - not sure who is responsible, would ask for explanations

Al_Ross

Her room and the rest of the flat was immaculate when she moved in 10 months ago. She has wiped down part of her room and relised she was making it worse and told me, but it will need repainted.Googling tells me its either candle sooting or possibly the start of mould she hangs wet towels on her bedroom radiator.

There is no leak, when water gets splashed from the sink it can run down the cupboard door, happens a lot in my house, my wife nags me to wipe dry the door and under the edge of the worktop if it does.

The deposits are held with Letting Protection Services Scotland. Had six different tenants come and go over the last six years, never had any problems up till now, they all got 100% of deposits back. So that is why I am unsure on how L.P.S will handle it.

anselld

If it is six years since you last decorated there won't be a valid claim for painting.

HampshireH

Al_Ross said:

Individual room agreements with shared communal areas.

One has given notice to quit, her room will need full repainting as the ceiling and walls are covered in candle soot which she has had a go at cleaning but just made it really obvious. Communal things are a two-seater sofa (the one she uses) one arm is damaged and badly stained. A solid oak coffee table again where she sits stained with drink glasses or hot mugs. A chunk out of the edge of the kitchen table and one kitchen cupboard door below the sink water damaged where water has gone down the back of the door. The whole flat is also very dirty and looks like it’s never been cleaned since she moved in 10 months ago.

She will most likely deny she did any of the damage.

You cannot know that she caused this damage, staining or breakages 

For all you know the other tenant may have sat there or their mates and spilt stuff, broke stuff etc

As for the flat doesn't look like it's been cleaned..... That's. 50/50 responsibility and a risk you run when letting your property out. You cannot charge her for this unless you charge the other tenant too. They seem happy living like that and as a landlord you are not there to manage their cleaning habits.

If you are unhappy with how they are managing the property you could arrange a cleaner as part of their agreement.

Her room however if she has admitted causing a need to redecorate you can bill her. If it was redecorated 10months ago it would be reasonable to say this isn't wear and tear.

deannagone

To me it looks more like a damp problem coming from upstairs.  Candle smoke would be darker..

Al_Ross

deannagone said:

To me it looks more like a damp problem coming from upstairs.  Candle smoke would be darker..

It is definitely on the surface of the walls and ceiling and what she has wiped is clean underneath, and that makes the rest look worse. They do burn candles, but she also leaves wet clothes hanging on her radiator every day, so wasn't sure if it was the start of mould.