15:09 PM, 2nd February 2013, About 9 years ago 29
I have a court date coming up in April as I am taking my ex tenant to court over damage caused to the property by condensation. Does anyone have any experience with claiming for condensation as this is my first and hopefully my last court case?
The tenant and his wife was with me for 5 years in a 2bed 2bath ground floor flat. He also had 2 children in this time and allowed his parents from India to live in the property for long periods of time with out asking me.
He repeatedly complained to me about condensation and after several inspections it was clear this was due to them not ventilating the property i.e. opening windows, wet clothes on radiators etc.
I educated him on this various times but they did not listen. The flat looked like it was raining inside all down the walls, also the property looked like it hadn’t been cleaned ever through out the 5 years. Mould starting growing up the walls on the carpet and woodwork and ceilings. The tenant asked me to sort this out so I thought right fine OK. I got 4 quotes all around 3k to sort out and sent them to the tenant and refereed to the AST saying if he wanted it sorted out he would have to foot the bill. He then refused and gave me notice to vacate. I then had to pay the 3k to sort the property out so I could re let it, which meant the property was empty for 1 month whilst I got it done. His deposit was £1,650 and protected so the TDS have that now because we are in dispute and he owes me £1,350 on top totaling 3k.
In the AST it says the tenant is responsible for damage caused by condensation and I have a survey report that proves it is damage caused by condensation which was caused by “tenants lifestyle”. He claims he gave me the property back in the same condition as it was when he moved in which is clearly a lie as it was uninhabitable when he left it in the state he did. I have 60 photos of the damage but I have no photos of when he moved in.
I do have an inventory saying everything was in good condition but he never signed it. However, I do have an email from him when he vacated where he does refer to the inventory in the email so he cant say there isn’t one because he’s referred to it.
There was an extractor fan in the en suite which was broken for 12 months and he also blames me for this damage, but this was never reported to me in writing and when it was eventually reported to me in person I had it replaced within 2 weeks.
Is it possible that the judge might pass judgement on this case based on the evidence and our defence that we have both submitted without us attending the court?
What do you think?
I’d really appreciate any feedback good or bad as I’m new to the court thing and I could really do with my 3k back!
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