Ex Tennants Debating Damage Liability.
Discussion
Our tennants have just left our house and, in my opinion, they have trashed it. We're talking about holes in walls, broken door frames, stains in carpets, holes in doors, filth like I have only ever seen on the TV and general disrepair.
We highlighted the issues two weeks before the move out and were assured it would all be rectified by the time the property was vacated. It was not.
We are intending to keep the bond and this is being dealt with by the deposit protection service. Unfortunately I would think that the cost of repairing the house will far outweigh the bond and we would therefore have to take the issue to the small claims court.
Our tennants had a 'report' commisioned by an 'independant' company (I can find no trace of said company's existance at all!) which states that the damage is all down to the fact that the house is not fit for purpose, the walls are crumbling, it's all the landlords responsibility and it's just 'wear and tear' etc. Personally I find this laughable and don't believe the report is worth the paper it is written on - HOWEVER I now feel that I should get a qualified independant assesment on the likely cause of the damage, as at the moment it's just my word against the tennant's and the 'report'.
My problem is I don't know who would be best qualified to provide this assesment. I'm currently thinking that an insurance loss assessor would be my best bet to ascertain the most likely cause of the damage (fair wear and tear or misuse/vandalism).
Any profesional advice or personal experience would be very much appreciated.
We highlighted the issues two weeks before the move out and were assured it would all be rectified by the time the property was vacated. It was not.
We are intending to keep the bond and this is being dealt with by the deposit protection service. Unfortunately I would think that the cost of repairing the house will far outweigh the bond and we would therefore have to take the issue to the small claims court.
Our tennants had a 'report' commisioned by an 'independant' company (I can find no trace of said company's existance at all!) which states that the damage is all down to the fact that the house is not fit for purpose, the walls are crumbling, it's all the landlords responsibility and it's just 'wear and tear' etc. Personally I find this laughable and don't believe the report is worth the paper it is written on - HOWEVER I now feel that I should get a qualified independant assesment on the likely cause of the damage, as at the moment it's just my word against the tennant's and the 'report'.
My problem is I don't know who would be best qualified to provide this assesment. I'm currently thinking that an insurance loss assessor would be my best bet to ascertain the most likely cause of the damage (fair wear and tear or misuse/vandalism).
Any profesional advice or personal experience would be very much appreciated.
did you have a check-in and a check-out report performed by an independent company?
if so, this is your reasoning behind retaining the deposit.
do you have contents insurance? invoke that. then go down the route of small claims - you will have loss of earnings whilst repair work is carried out.
if so, this is your reasoning behind retaining the deposit.
do you have contents insurance? invoke that. then go down the route of small claims - you will have loss of earnings whilst repair work is carried out.
neilsie said:
did you have a check-in and a check-out report performed by an independent company?
if so, this is your reasoning behind retaining the deposit.
do you have contents insurance? invoke that. then go down the route of small claims - you will have loss of earnings whilst repair work is carried out.
Does not really need to be independent, but you do need a schedule / photo's of some sort agreeing condition before tenant went in really.if so, this is your reasoning behind retaining the deposit.
do you have contents insurance? invoke that. then go down the route of small claims - you will have loss of earnings whilst repair work is carried out.
I would suggest that for the Deposit Protection Scheme you would be able to produce photo's of the damage and don't really see the point of paying out more money.
Thanks for the replies.
We have an inventory done before and have catologued the damage both in writing and photographicaly.
We have insurance but it, quite rightly, does not cover wilful damage by the tennant or deterioration due to age.
The problem is that the tennant is not denying that the damage exists, but is claiming that the damage is due to fair wear & tear and the house is just falling apart around them. In my opinion this is not the case and the house has been damaged at the fault of the tennant.
I really need someone who can go in and ascertain whether my house is falling apart and the issues are due to fair wear & tear, or whether it has been ill-treated and wilfully damaged.
Thanks again.
We have an inventory done before and have catologued the damage both in writing and photographicaly.
We have insurance but it, quite rightly, does not cover wilful damage by the tennant or deterioration due to age.
The problem is that the tennant is not denying that the damage exists, but is claiming that the damage is due to fair wear & tear and the house is just falling apart around them. In my opinion this is not the case and the house has been damaged at the fault of the tennant.
I really need someone who can go in and ascertain whether my house is falling apart and the issues are due to fair wear & tear, or whether it has been ill-treated and wilfully damaged.
Thanks again.
How much extra is it going to cost over and above the retained bond, is that all you took before they moved in, no rent in advance etc.
The reason I ask is, that you should have kept any advance payment until they moved out and you were satisfied about the state of property.
If you are not talking a great deal, then sometimes it's best just to chalk it up to experience, might take a lot of time and expense to get anything done about it.
I had a similar situation once, I dealt with it myself, ( if you know what I mean ).
Good luck.
The reason I ask is, that you should have kept any advance payment until they moved out and you were satisfied about the state of property.
If you are not talking a great deal, then sometimes it's best just to chalk it up to experience, might take a lot of time and expense to get anything done about it.
I had a similar situation once, I dealt with it myself, ( if you know what I mean ).
Good luck.
The bond, which is over one months rent, by law now has to be held with the deposit protection scheme. Not too concerned about that, we should keep the lot.
We are talking about well above this in terms of reparation costs - until you've seen it you wouldn't believe it! In Simple terms, 1 hole punched in one wall results in a replaster and a redecoration of that room = 1 months rent. Multiply that by (X) rooms + cleaning + broken doors + broken house fittings = lots of money.
Who will be able to ascertain (estimate) the cause, not cost, of damage?
We are talking about well above this in terms of reparation costs - until you've seen it you wouldn't believe it! In Simple terms, 1 hole punched in one wall results in a replaster and a redecoration of that room = 1 months rent. Multiply that by (X) rooms + cleaning + broken doors + broken house fittings = lots of money.
Who will be able to ascertain (estimate) the cause, not cost, of damage?
I'm a chartered building surveyor and yes, we can advise in such circumstances.
Comment will most likely be limited to fabric and finishes but it will be clear and definative, partiocularly if asked to address and rebut conclusions and comments in the tenants report.
The RICS web-site can direct you, or failing that PM me and I'll search the site for some local to you. www.rics.org.uk
Comment will most likely be limited to fabric and finishes but it will be clear and definative, partiocularly if asked to address and rebut conclusions and comments in the tenants report.
The RICS web-site can direct you, or failing that PM me and I'll search the site for some local to you. www.rics.org.uk
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