Damage caused by tenants ex – who pays?

by Readers Question

9:54 AM, 22nd October 2014
About 5 years ago

Damage caused by tenants ex – who pays?

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Damage caused by tenants ex – who pays?

One of my tenants had her/my house damaged when her recent ex partner (father of her child and on the tenancy up until May 2014) broke in recently.

The police were called and they boarded up the house. Damage caused by tenants ex - who pays?

I have received a bill from the police for this, do I pay or does the tenant as I see this as a domestic.

The father has admitted the damage and at the moment he is in prison.

Thank in advance for your thoughts

Regards

George Clark



Comments

Gary Nock

15:45 PM, 27th October 2014
About 5 years ago

Ray as far as £95 not worth doing the paperwork for in the scheme of things - this relates to defending the action in Small Claims Court. The deadlines for submission for defence and preparation of a file for the Judge are not just worth it. Add on all the costs that can be claimed if you lose and that £95 becomes about £595 if it goes to a hearing. Having took a case to Small Claims foŕ a landlord recently for 4k it was worth my while as it took me about 30 hours work for £1000. Far cheaper than a solicitor who said it would take him 20 hours and would charge £5000. Now I am not saying that defending a £95 claim will take 30 hours but if you are in County Court all day for £95 thats even less than I charge!

As for the legal responsibility of who pays and who is legally responsible. As has been said it all hinges in the law of contract and this in a County Court would be on the balance if probabilities. Tenants partner damages house and makes it insecure. Police have a moral duty to secure it. Just imagine if it was broken into again whilst insecure. Landlord or tenant would sue the police saying" you should have boarded it up" So they secure it. And then landlord moans about the £95. They cannot win. Damned if they do secure it. And damned if they don't. So they do "the right thing". And try and recover it. I never saw them take landlords to court for £95 but if they did it would be an interesting one in Court.

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