Section 21

[Ellieben]

I need to take possession of my property. The tenants have an assured short term contract which will expire in three months time. However they are wanting to remain in the property and have indicated that should they have to leave they will require me to pay for improvements they have made to the property, such as putting laminate flooring and taking off my original carpets and putting a fireplace, which in incidentally seems to have come from their previous rented home. They have said that should I not pay for these so called improvements they will just take everything that has been out in by them. They have been in my property for 4 years. I do not have a bond, as the local council put up a six month bond which has now obviously expired. I feel that unless I pay they will cause some serious damage to my property. Any help would be appreciated as I am at my wits end now.

[Melboy]

The first and obvious question is : Did you give permission for your tenant's to remove your carpets and supply and fit laminate flooring plus a fireplace?

[Carryon Regardless]

The ambiguous line between wear and tear is tricky, and more often the police want no involvement.

But where there is obvious damage then charges of criminal damage must be a serious risk to the T's, and a reasonable retort for you to threaten.

I would also be looking to demonstrate where any theft might take place if they have, or will, remove your belongings.

Although after 4 years some might consider that it would be time to replace carpets anyway. Their fireplace is theirs to do with as they wish.

If a T 'had' improved my property, and not just in their own mind, I might well consider some consideration.

[Grampa]

First off do you have an signed inventory or receipts for new items shortly before they moved in? If not forget about claiming anything unless the tenants agree which is unlikely.

After four years you would have been looking at redecorating and replacing some carpets/flooring anyway.

If you do have any inventory write to the tenants explaining that will be used against the checkout less were and tear. I would also explain that they are welcome to remove their flooring when they leave as long as they replace the original flooring and if not you will seek reclaim from their bond which the council will reclaim from them and any shortfall will be put in the hands of a debt collector.

Check with the council regarding the bond because they are not all time limited and the two councils I use aren't. I don't see the point of using a time limited one as it seems worthless and no different to handing back a cash deposit 6 months into a tenancy.

Do the tenants have a guarantor? If so contact them and explain if the property is not left in the same condition (less W&T)you will reclaim all costs directly from them. This makes the guarantor put pressure on the tenants to leave the property in a acceptable condition.