What costs for damage and repairs can I claim?

by Readers Question

4 weeks ago

What costs for damage and repairs can I claim?

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What costs for damage and repairs can I claim?

Another usual deposit nightmare story we all hear far too frequently. My tenant moves out early on a 12 month contract, leaving various items removed from the house, some damage and repairs are required. Also she failed to return the rooms she had re decorated back to the original state as per clause in our Tenancy Agreement.

Now the tenant is disputing the deposits return, which is not enough to cover all my outlay. I have provided quotations and invoices for the dilapidation, new carpet and to replace 2 electrical items removed. But now she is requesting that I supply receipts for proof of purchasing those items repaired or replaced and a receipt with full breakdown of costs of work, materials ect ect.

This has gone on for 5 months. Do I have to get all the work done items replaced first, before I can make the claim? As the total cost is over £1800, Oh the tenancy agreement has a Guarantor in it by the way.

Thanks.

Munro



Comments

Neil Patterson

4 weeks ago

Hi Munro,

I was at the recent Landlord Law conference where TDS gave a lecture partly on this subject.

They gave an example of arbitration on a damaged carpet and explained why it is always helpful to have receipts provided so it is much easier to give an accurate award for damage based on age and cost and life expectancy of the carpet.

EG if it was a cheaper carpet 9 years old with a 10 year life expectancy then the award for damages would be much less than a better quality brand new carpet.

Munro

4 weeks ago

Hello Neil and thank you, but either I've not explained this situation well enough, or you ve mis-read what I posted.
So to clear things up:
The tenants isn't requesting receipts for the original flooring, this I supplied the whole house was fitted with new carpet 2 month prior to tenancy.
What they want are receipts as proof of purchase the NEW ones and for the fridge, hoover and window blinds that she admits have been removed. Together with the receipts for payment to redecorate, repair plaster walls, damaged etc.
So they ve had quotations and invoices already. But now I have to pay for all this without any certanty I ll get my money back?!?!

Neil Patterson

4 weeks ago

Hi Munro,

If you go to arbitration with TDS you only have to prove the cost of the damages not that you have already repaired the damage.

You will find their website very helpful I hope.

Munro

4 weeks ago

Thank you once more Neil, this is of some comfort, I ll read their web page. But as the total costs for losses and damage is a £1,000 more than the deposit, so I will need to pursue the Guarantor. Who is the tenants ex husband and Police officer. But my previous attempts through my solicitor to remind him of this role and responsiblities, just got brushed off, he gives the same excuses as the tenant.

Rob Crawford

4 weeks ago

Hi Munro, you have the deposit money - correct? From your article is doesn't sound as though she had yet made a formal claim through the deposit schemes arbitration process? If not I would not fret until she has done so. The arbitration scheme (or court) will require that you prove the claim is fair. Assuming a good inventory that reflects the condition of the property when let and evidence of it's current dilapidated condition, fair terms in the AST and calculation for fair wear and tear, from the deposit perspective you should be ok. A claim by you for additional money from the guarantor is a different story and you will probably have to make a claim through the county or small claims court for this.

Munro

4 weeks ago

Hello Rob, Thanks for the response and encouragement. The deposit is still with DPS, via my letting agents. The tenant left in January, but still this has not been resolved. I have all the inventory report and photos post & pre tenancy, through an independent third party, so nothing to dispute.
You're correct in that she has not applied for ADR yet. But non the less, it's 4 months and I ve still not be refunded my costs!!
Hence next week I will issue through my solicitor a claim against the Guarantor, by-passing the DPS.

H B

4 weeks ago

Surely you have all the receipts? Just send a copy.

Munro

4 weeks ago

Reply to the comment left by H B at 27/05/2018 - 15:54
What receipts? Send copies to who?

This is more than a bit vague. So I ll assume that you ve not read any of the previous dialogue, hence you ve made this comment.

Brian Jackson

4 weeks ago

Hi

Same old story,disputes,frustration, worry,costs.
Solution; Don't take a deposit. Tenants seem to respect you more for being reasonable in the first place.
Yes, carpets get soiled, small issues arise. If anyone defaults on me I issue a CCJ and then an attachment of earnings order.
I have only done this once in 10yrs. I have some tenants for six continuous years with regular on time rental payments.
I have friends who do the opposite to me and they always have problems with the deposit issue.

Munro

4 weeks ago

Yeah can't disagree with you there Brian. This is my first bad experience in 23 years.
Sadly as the property is in Wales the new Rent Smart Wales Govt. scheme makes it pretty difficult to "self manage" as I work abroad. So I had to use an agent, no option really, I could nt do it any other way. The agents have not been too helpful either.
But no problem later this week the tenant and guarantor they ll be getting a Country Court claim.

Just out of curiosity Brian, can you also claim back legal expenses? My AST contract says yes.

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