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nicole4683
18-04-2006, 00:47 AM
Hello,
I have just been to my property since my tenant moved out and it is destroyed. There are holes in the walls of every room. The faucet was ripped out of the bathtub. The tenant had a dog and left waste all over the carpet without cleaning it. I mean to make it short the house was completely disgusting. Now, I am getting ready to mail her a certified letter saying she will not receive her security deposit and I want to have her reimburse me for the damages. But I'm not sure how to write the letter. I was look all over the net for sample letters and forms but all they have is ones for tenant to send to the Landlord. What should I do and how can I get reimbursed?

Worldlife
18-04-2006, 05:08 AM
Hi Nicole... sorry to read about this terrible experience.

The most important thing to establish here is that you indeed have vacant possession otherwise, if the tenant still has the keys, she could return and claim she has been evicted illegally (search on these forums for Possession Orders)

There are no stock letters for situations like this but you will probably have to make a County Court claim to get your damages back. If the former tenant is a 'woman of straw' you could have difficulty in getting valid addresses for the Court to serve the necessary forms.

Here's a copy of a letter I sent recently and I've quickly amended it to try and meet your circumstances.


Claim for damages at end of tenancy
(Insert address of property)

I refer to your(describe tenancy) agreement which ended on..............
and (describe how how the handover took place - did the tenant just leave and not hand over the keys?)

If you met the tenant to handover the keys state here the date and what damages you noted with him at the time alternatively state something along the lines..

Unfortunately I received complaint about our foul smell coming from the property and obtaining no reply and suspecting that there was a drainage defect I arranged emergency entry using my keys.

I was disgusted to find that the smell originated from (dog excreta?) and other waste left throughout the property.

I was dismayed also to find that the property has been wilfully damaged including (state the details here)

I enclose a CD of photographs I took (state date date and time) that can either be viewed on a computer or printed at a High Street photo processor. A list of these photographs is also enclosed.

You will see from the photographs that I will need to engage professional cleaners to restore the property to a condition similar to that of when it was rented to you. I am seeking estimates for this work and will keep you informed.

Some of the furnishings or fittings have been damaged and I will be obtaining estimates for their repair or replacement. The cost of the damages and cleaning works is likely to exceed the retained deposit of (state £) and I will be taking action in County Court to secure payment of these additional expenses.


It will be necessary for me to contact the various utilities and for Council tax to let them know you have vacated the property and trust you have settled all relevant accounts before leaving.



Yours sincerely,

Your lawful regaining of possession of the property is most important and quite valuable and you could be liable to an expensive damage claim from the tenant if you have done things incorrectly.

If the tenant did not clearly hand the keys over to you on a date you can specify in this letter you should certainly seek urgent legal advice and present information along the lines drafted here to the CAB or a solicitor instead.

Was there an incoming inventory and notes of any defects signed by both you and the tenant and the start of the tenancy?

If the former tenant lives nearby it would be better to deliver the letter in the presence of a witness rather than use recorded delivery.

Hope this is helpful.

Good luck!