damage caused by tenant's ex bf

[Adrian R]

Hi

I have a tenant with a young child, who is part working part DSS with benefit paid directly to me.

She has a guarantor being her ex boyfriend who is working. Deposit came from ex b an her father.

6 months AST in her name only with her and child only residing at the property. Earlier this year she had an argument with ex b/f and he proceeded to attempt to break into the property causing damage to the front door. A week later she let him in and he ended up going crazy in the property smashing the place up.

When she took the tenancy she wanted so badly she put up 2 1/2 months deposit and a months rent. She has confirmed in email the damage and apologised - I have 3 estimates all confirming new lounge laminate floor / new front door / new internal door required and other bits and pieces.

She initially reported the assualt and damage to the police and I made a report too, for the damage. She is now saying that she is dropping charges aginst him and wants to move out soon. I have already served notice two months before the end. She also has told me he has returned to the property and I am unclear if they are together / apart etc - she did say in email back in Jan she would never let him into the property again and assured me they were not together (as she is claiming DSS).

The cost will be covered by the deposit - but I have some questions.

1 She is asking if she can choose the contractor to do the repairs and its only around 3 weeks left before she leaves - who chooses the contractor and can she change my doors/floor as part of the repairs?

Note my father is a carpenter and I have said that if she wants me to speak to him get it done cheaper than the estimates I wil, and he has said if he has time he will do it saving her quite a bit of money. My preference is either a contractor I know and trust such as my father providing they are around same or less cost than estimates I have obtained or a contractor who is part of professional scheme/has indemnity and insurance backed guarantee so that I don't end up with poor workmanship), hence I would prefer to instruct the repairer?

2 I have the estimates and waiting to hear from the police - can I give her the estimates given she is in contact with him and the police asked for these?

3 Can he return to the property given he is on bail?

4 I spoke to the tenancy deposit scheme and they said I can make deductions against the deposit without wear or tear as its damage - can I also claim for time to do the repairs where I have lost rent (should 2-3 days)?

5 If the AST ends 6 May and I put 9 May as the date I require possession in the notice which I served on 7 March 2014 (by email and hand through letter box which she acknowledged same day) - It says after 9 May 2014 or or at the end of the period of your tenancy which will end after the expiry of two months from the service upon you of this notice so which day is the day she should move out?

6 I am unsure what to do with the police charges, given that the police finally told me they arrested him and he is bailed to return again.

Help as quite new to this....

Thanks


Adrian

[Grampa]

1 She is asking if she can choose the contractor to do the repairs and its only around 3 weeks left before she leaves - who chooses the contractor and can she change my doors/floor as part of the repairs? The tenant has no right to choose the contractor but it would be best to get 2 estimates to show they are fair in case they are disputed.

2 I have the estimates and waiting to hear from the police - can I give her the estimates given she is in contact with him and the police asked for these? No reason not to give any estimates to the tenant so they are pre-warned of any deposit deduction you are planning to make

3 Can he return to the property given he is on bail? If the tenant lets him in there is nothing you can do other than getting a court injuction.

4 I spoke to the tenancy deposit scheme and they said I can make deductions against the deposit without wear or tear as its damage - can I also claim for time to do the repairs where I have lost rent (should 2-3 days)? You cant claim for your time. You can only claim for lost rent if it relates to a period the tenant was contractory obliged to pay rent for.

5 If the AST ends 6 May and I put 9 May as the date I require possession in the notice which I served on 7 March 2014 (by email and hand through letter box which she acknowledged same day) - It says after 9 May 2014 or or at the end of the period of your tenancy which will end after the expiry of two months from the service upon you of this notice so which day is the day she should move out? If a section 21(1))b was used, served correctly, any deposit protected correctly and at least 2 months notice given that will be ok.

6 I am unsure what to do with the police charges, given that the police finally told me they arrested him and he is bailed to return again. Nothing, as you deal with the tenant only and the tenant and or guarentor is reponsilble for any damage and arrears etc.

[Adrian R]

Hi thanks for this.

The tenant still owes a small amount of rent around £100 and has not paid it despite me asking a few times. She also wants to extend the lease - any idea on how best to say no?

Also, I am thinking of serving a section 8 notice under section 14 (and possibly 10, 11 and 12) - mainly for the criminal damage so that this has expired at the same time as the section 21 just to be safe.

I also would like to visit the property with her permission to see the condition before the end of the term.

Any thoughts on the above?

[Richlist]

Here's the letter I send to vacating tenants.....it may help.

Your name & address

Date

IMPORTANT - This letter contains important information for the return of your deposit.

Dear XXXXX,

Re: End of Your Tenancy Agreement for XXXXXXRental Address.

Thank you for notifying us today that you wish to end your tenancy of rental address. The earliest your tenancy can end is XXXXX date 2013. This letter is to advise you how you should leave the property when you move out.

1. Its important that you leave the property in a clean & tidy condition. General wear & tear is accepted but any damage, breakages, missing items or anything that is not clean may result in a deduction from your deposit. If you are unsure then please contact us. Its important that the property is handed back to us in a condition that is suitable for new tenant(s) to move in immediately. We prefer to return complete deposits as this means we have had no work to do.

You should ensure that the whole of the property is clean including (but not only):-

• Carpets.

• Curtains.

• Lampshades/ light fittings.

• All kitchen equipment including walls & tiles.

• All bathroom equipment.

• Windows.

• Any marks on walls, woodwork, door frames, skirting boards etc have been cleaned off.

• Any mirrors or glass have been cleaned.

• All light bulbs & smoke detectors are working.

• The oven & hob are clean.

• The fridge is defrosted (please ensure water from fridge does not run onto floor & damage kitchen units/ floor coverings).

• Any soft furnishings supplied have been cleaned, this includes- shower curtains & net curtains & floor mats.

• Anything else that has been provided & that you will hand back to the landlord.

  2. Your deposit is held within the Tenancy Deposit Scheme operated by XXXXXX complete as necessary. Payment of all or part of the deposit will normally be made within 10 working days of the end of the tenancy.

  3. Please ensure you provide us with a forwarding address.

  4. If you have changed the electricity/ gas supplier you must provide the details. Currently our records show XXXXXXXX as the supplier. Please advise us if this is NOT correct.

  5. You must also ensure that :

• All instruction books are left at the property.

• All the keys are returned.

• You have contacted the utilities: Electric, Water, Sewerage & Council Tax.

• You have made a note of the meter readings.

• You dispose of all rubbish before you leave.

• You have removed all of your personal belongings.

• Note: Royal Mail can redirect your mail for a charge, for up to one year……but we are happy to forward your mail on to your new address for a week or two.

  6. When you leave, turn OFF all electrical appliances, ensure all doors & windows are locked and post your keys through the letterbox.

  If you are unsure of anything, please contact us.

  Yours sincerely

  Your name & address