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View Full Version : A few questions as tenant is moving on ....



MisterMoleyMole
26-09-2011, 12:22 PM
1 - tenant has not paid his/her final months rent

2 - tenant has left the place in mess

3 - tenant flooded the property due to leaving property empty over winter with no heating on. needed new carpet not covered on our insurance as its contents insurance apparently?

Where do i stand on the above points.

I understand that i can keep deposit based on no rental payment but i was kind of hoping the deposit would pay for other things like the carpet cleaning that hasn't been done as is in contract, painting rooms without written consent, changing locks due to extra keys being cut and handing out to other members of family etc ...

Any advice would be much appreciated.

Thanks
MMM

Snorkerz
26-09-2011, 12:54 PM
Do you have an inventory (signed by the tenant) showing the condition and cleanliness of the affected items/rooms at the start of the tenancy?

Can you prove the flood was caused by the tenants mal-practice?

Carpets, curtains etc are why many landlord policies come with a minimum £5k Landlord contents cover.

When were the repainted rooms last painted by you, and what colours have they been repainted in?

Have you proof that people other than you still have keys to the property? Most landlords change locks between tenants - cost £5-10 per lock.

Is the deposit in a government approved scheme?

MisterMoleyMole
26-09-2011, 12:59 PM
Do you have an inventory (signed by the tenant) showing the condition and cleanliness of the affected items/rooms at the start of the tenancy?

I have an inventory but not sure it shows condition, just presence.

Can you prove the flood was caused by the tenants mal-practice?

No, I guess not, how would this ever be possible

Carpets, curtains etc are why many landlord policies come with a minimum £5k Landlord contents cover.

When were the repainted rooms last painted by you, and what colours have they been repainted in?

Probably about a year ago, if not how can this be proved either way?

Have you proof that people other than you still have keys to the property? Most landlords change locks between tenants - cost £5-10 per lock.

Only the tenants word really. Which we have addressed in a letter which she hasnt denied in her response.

Is the deposit in a government approved scheme?

Yes

Snorkerz
26-09-2011, 13:25 PM
Do you have an inventory (signed by the tenant) showing the condition and cleanliness of the affected items/rooms at the start of the tenancy?

I have an inventory but not sure it shows condition, just presence.If it doesn't show condition, you can't prove that the items etc are in a worse condition than when the tenant moved in.


Can you prove the flood was caused by the tenants mal-practice?

No, I guess not, how would this ever be possibleWithout proof you would struggle to convince a judge that the tenant should pay for damage caused by a flood that may not have been her fault. It is not un-winnable, because a judge would make a decision based on the balance of probabilities, but it would definitely be a struggle that you might lose.


When were the repainted rooms last painted by you, and what colours have they been repainted in?

Probably about a year ago, if not how can this be proved either way?It would be proved by an inventory that says 'freshly painted walls' or a similar description. The key question is - is the place less lettable now than it would have been with year-old painted walls? So if the paint is Crimson & Emerald Green, you may have a claim, if it is 'Neutral' probably not unless it is more badly done than your original paintwork. Even if T is liable, they would only be liable for a proportion of the redecoration - around 75 - 80% based on what you have said.


Have you proof that people other than you still have keys to the property? Most landlords change locks between tenants - cost £5-10 per lock.

Only the tenants word really. Which we have addressed in a letter which she hasn't denied in her response.So you think but she hasn't admitted? By all means put it in your claim, but for such a small cost (it's tax allowable as maintenance) I'd not get too stressed.

You state the deposit doesn't cover the missing rent and your damages.

You have 2 choices... Claim the deposit to cover some of these costs (include all the rent, that's easy to prove) and then decide if you want to bother suing for the balance - does the tenant have employment/assets? or

Put the whole claim to court so you only have the one process to go through. If you do this, make sure the judge orders the deposit scheme to pay any money they hold over to you (just a formality).

MisterMoleyMole
26-09-2011, 13:57 PM
Thanks snorkerz.

For future reference if my tenant isn't living in the house and doing what is said in the contract (like taking adequate precautions to prevent frost damage etc..) how do i get proof of this to save it being a my word against theirs situation.

It seems to me like a lot of stuff in the contract is a bit pointless with no way to prove things, with a lot of things falling on the landlord to prove and none the other way round.

Many thanks
MMM

MisterMoleyMole
26-09-2011, 18:28 PM
just out of interest what is classed as a reasonable charge for late payments of rent. This is stated in my contract, but what is reasonable?

Snorkerz
26-09-2011, 21:34 PM
I'd say 4%age points over BoE base rate or a flat admin charge - £10 maybe.