Can I pursue for these costs or will it be a waste of time?

Can I pursue for these costs or will it be a waste of time?

10:21 AM, 5th May 2023, About 10 months ago 8

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Hello, we moved to Dubai and rented out our property in Peterborough appointing an estate management company. One tenant left the property and a new tenant moved in. The estate agent sent a cleaner to clean the property and on the same day, they notified a leak in the en-suite. This flooded the en-suite which we sorted straight away.

After two months there was an issue with the boiler. I have British Gas insurance but due to several failed appointments from British Gas, the tenant was fed up. I sorted this initially using a private plumber. The tenant complained about not having hot water and deducted £1100 when the rent is £1350. Although I sorted it temporarily in a few days. He again started to complain about the smell in the en-suite. That was mostly due to not using the shower for a long period. He deducted £600 for not using the shower. Just because he didn’t use the shower we had to replace the entire shower costing us £2500. He paid one full month’s rent and then he didn’t pay 1.5 months’ rent and then left the property without notice.

All in all, he has not paid: £1100+600+2000+1350 = £4050-1350 deposit = £2750
Can I pursue him for these costs or will it be a waste of time?

Thank you,

Ravi


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Comments

Judith Wordsworth

11:07 AM, 5th May 2023, About 10 months ago

Waste of time. Just move on. Claim repairs/replacement as allowable expenses.

Is the boiler properly fixed now, you said temporarily?

Claim against British Gas policy for non attendance and lost of rent for that period plus cost of alternative plumber.

Freda Blogs

11:15 AM, 5th May 2023, About 10 months ago

Breach of contract for breaking the AST without notice?

I'd be inclined to tackle it via the Deposit Scheme ADR provisions. In theory the tenant would have to provide evidence to justify the problem and costs, which appear somewhat arbitrary. Be prepared for a frustrating time though, its not easy.

Instead of the ADR scheme you can opt for a small claim; the risk of a CCJ might just prompt the tenant to start talking, instead of unliterally determining what monies you should/shouldn't be paid.

David

15:49 PM, 5th May 2023, About 10 months ago

Yes, you can pursue him for rent for the notice period or until the end of any fixed term contract as well as rent arrears for his deductions, which were not agreed. I would probably do this.

northern landlord

18:27 PM, 5th May 2023, About 10 months ago

Most of the time tenants are fine, pay the rent and abide by the agreement and don’t smash the place up but every now and again this sort of situation crops up. The tenant here sounds awful with their arbitrary deductions and leaving while the AST was still in force with rent unpaid. Your consent is needed to repay the tenants deposit from the scheme and you can claim for unpaid rent. The tenant will dispute it and you might not succeed when it goes to arbitration as the scheme like so many other things in the PRS is tenant biased, but at least you will have the satisfaction of making them wait for it if nothing else. As a previous correspondent has said you can offset all of your repair costs against tax so you essentially get a 20% or 40% discount and you will have the benefit of the new shower/boiler for yourself if you move back in or it will add appeal for any new tenant. You can count yourself lucky the tenant just did a flit. They could have decided to not pay the rent and just stay put and you could have been stuck with them for months due to court delays which might well have messed up your return to the UK and turned you into renters while trying to get your own place back.

Robert Sled

6:27 AM, 6th May 2023, About 10 months ago

You said deposit = £2750 but rent is only £1,350?

That deposit is illegally high (must not be more than 5 weeks rent) You can be very glad the tenant is no longer your problem. Try to get the money back from the deposit. You didn't agree to those deductions and the contract never permitted the tenant to unilaterally make such decisions.

Consider legal action via small claims route if he keeps refusing to pay

Ian Simpson

7:37 AM, 6th May 2023, About 10 months ago

Complete waste of time to pursue this. Presumably you have managed to keep the deposit of £1350 which should offset some of the losses.
I had a tenant once bless me with £3250 worth of damage. The deposit was £1000 ( A months' rent) and the arbitration service awarded me £250 and gave the tenant back £750!!
As always the law, the courts, and the regulations all favour the tenant.
I have tried MoneyclaimOnline before - it only works with Ltd companies as they fear being wound up. Individuals simply ignore it.

Wyn Burgess

15:28 PM, 6th May 2023, About 10 months ago

Smell in the shower room was probably due to the waste trap drying out, needs a cupful of water every couple of months to keep the trap full so drain smells don't penetrate.

Carchester

10:47 AM, 7th May 2023, About 10 months ago

It would appear that this is a simple case of using the Small Claims County Court procedure to claim back your losses.
I would be inclined to avoid as far as you can any dealings with the Deposit Scheme rascals - they will drag it out without justification and at the same time prevaricate demanding documentary evidence that may not be available.

Of course you can notify the Sceme of your Court Action - but do not provide any docs to them.
Just follow the simple requirements and procedure for filing a claim with the C.C.
If the scoundrel is fluid or has a reasonable credit score it will be in his best interests to co-operate with the court.
With best wishes.

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