Stachelhaus Posted January 14, 2010 Report Share Posted January 14, 2010 I had the flat I usually live in rented out for a year. As agreed in the inventory prepared by me and sigend by the tenants left slightly more in the flat than ususully would be expected (vases etc). About 7 weeks before the end of the tenancy water came through the mezzanine ceiling - an engineer attended the problem straight away but could not trace the leak. As the dripping almost stopped the tenantsa wanted to postpone the repair until after they moved out. However at the same time they stopped paying rent. I have emails from them stating that they would pay again if I could assure them that I would not hold them liable for the damage occured by the water. Which I agreed to. A day later I got another email saying that they had left a window open (this is a high 4th floor with industrial windows which open in a 90 degree angle outwards hold by a little latch) over night an the wind blew it causing one of the double glaze panes to break. The insisted I would have to pay for the repair and therefore did not commence paying rent. When it came to the day they moved out they did not agree to be present for a Inventory check-out. My deposit is now diluted to £150 out of 3150 as they owe me 3000 in rent. I will have to pay for the window and a few other damages - one of which is a more substantial one. They owe me about 3,600 altogether. But currently they even refuse to release the deposit from the DPS and ask for rent reduction. So my questions are: Who has to pay for the window? Can the tenants claim rent reduction after they moved out although they never mentioned anything before? If I go throught the ADR I will still end up short as the deposit does not cover my cost. Any ideas appreciated - I am currently unwmployed and really need the money and by all means would like to avoid involving solicitors. Thanks Link to comment Share on other sites More sharing options...
Mortitia Posted January 14, 2010 Report Share Posted January 14, 2010 Hi Claudia, This sounds like an expensive property with a deposit of £3150? No they can't claim rent reduction after moving out! They really are trying it on. Is there any chance you could claim for the window and the water damage on your insurance? It sounds like the window was an accident and the water - well is there a bathroom above where this leak was? or some other water source? How do you think that happened? Unfortunately it is a well know ploy by tenants not to pay rent in the closing months of a tenancy but now the deposit is protected the landlord is well stuffed as you seem to be. Try to keep in contact with them and say you will pay for the window - sometimes you have to give in to settle things but point out that you are and have been reasonable and you expect them to agree to let the DPS release the deposit. If this fails you have no choice but to go to arbitration and point all this out to the DPS. This is the reason why some landlords do not take deposits now as the tenants can mess you about like this. If you can get re-let quickly and move on and get the window catch changed to prevent a re-occurrance. Hope this helps a bit. Mortitia Link to comment Share on other sites More sharing options...
bristol1 Posted January 14, 2010 Report Share Posted January 14, 2010 I had the flat I usually live in rented out for a year. As agreed in the inventory prepared by me and sigend by the tenants left slightly more in the flat than ususully would be expected (vases etc). About 7 weeks before the end of the tenancy water came through the mezzanine ceiling - an engineer attended the problem straight away but could not trace the leak. As the dripping almost stopped the tenantsa wanted to postpone the repair until after they moved out. However at the same time they stopped paying rent. I have emails from them stating that they would pay again if I could assure them that I would not hold them liable for the damage occured by the water. Which I agreed to. A day later I got another email saying that they had left a window open (this is a high 4th floor with industrial windows which open in a 90 degree angle outwards hold by a little latch) over night an the wind blew it causing one of the double glaze panes to break. The insisted I would have to pay for the repair and therefore did not commence paying rent. When it came to the day they moved out they did not agree to be present for a Inventory check-out. My deposit is now diluted to £150 out of 3150 as they owe me 3000 in rent. I will have to pay for the window and a few other damages - one of which is a more substantial one. They owe me about 3,600 altogether. But currently they even refuse to release the deposit from the DPS and ask for rent reduction. So my questions are: Who has to pay for the window? Can the tenants claim rent reduction after they moved out although they never mentioned anything before? If I go throught the ADR I will still end up short as the deposit does not cover my cost. Any ideas appreciated - I am currently unwmployed and really need the money and by all means would like to avoid involving solicitors. Thanks I think you need to concentrate on making the best case possible through the ADR to get as much of your deposit back as possible and write anything else off to experience. Try to claim for the leak and the window off your insurers. If you do go through the ADR this will at least look like you have been reasonable. Claim for rubbish disposal costs Claim for the damages not covered by your insurance, including the window if the insurers won't pay for it Claim for unpaid rent Hopefully that will all add up to at least your deposit, which with any luck you will get back. No, the tenants can't claim a rent reduction after they have moved out if they had previously said they were happy living in the flat as it was. Make sure you tell the ADR that they were happy to continue living in the flat, Good luck Bristol1 Link to comment Share on other sites More sharing options...
Stachelhaus Posted January 14, 2010 Author Report Share Posted January 14, 2010 I think you need to concentrate on making the best case possible through the ADR to get as much of your deposit back as possible and write anything else off to experience. Try to claim for the leak and the window off your insurers. If you do go through the ADR this will at least look like you have been reasonable. Claim for rubbish disposal costs Claim for the damages not covered by your insurance, including the window if the insurers won't pay for it Claim for unpaid rent Hopefully that will all add up to at least your deposit, which with any luck you will get back. No, the tenants can't claim a rent reduction after they have moved out if they had previously said they were happy living in the flat as it was. Make sure you tell the ADR that they were happy to continue living in the flat, Good luck Bristol1 Thanks a lot. That what I was thinking - if I would at least get the deposit than I would write-off the rest. But not too sure if the ADR would usually take more the tenants view rather than the landlords. Will see what comes out of it. Link to comment Share on other sites More sharing options...
Stachelhaus Posted January 14, 2010 Author Report Share Posted January 14, 2010 Hi Claudia, This sounds like an expensive property with a deposit of £3150? No they can't claim rent reduction after moving out! They really are trying it on. Is there any chance you could claim for the window and the water damage on your insurance? It sounds like the window was an accident and the water - well is there a bathroom above where this leak was? or some other water source? How do you think that happened? Unfortunately it is a well know ploy by tenants not to pay rent in the closing months of a tenancy but now the deposit is protected the landlord is well stuffed as you seem to be. Try to keep in contact with them and say you will pay for the window - sometimes you have to give in to settle things but point out that you are and have been reasonable and you expect them to agree to let the DPS release the deposit. If this fails you have no choice but to go to arbitration and point all this out to the DPS. This is the reason why some landlords do not take deposits now as the tenants can mess you about like this. If you can get re-let quickly and move on and get the window catch changed to prevent a re-occurrance. Hope this helps a bit. Mortitia Thanks Mortitia. I am in central London - so property is expensive. Just coming back to your questions- the leak is my responsibility and I am insured as well. The point was only that they did not want to have it properly fixed as that might have caused disruption (i.e. putting them up in a hotel, covered by insurance on my side) but they decidede to stay and postpone the repair to after their tenency. Anyway - I think the best way for me is to offer them one more chance to compromise and then start the ADR. Thanks for you reply!! Link to comment Share on other sites More sharing options...
Mortitia Posted January 15, 2010 Report Share Posted January 15, 2010 Hi again Claudia, Just looking at your reply there is one thing you need to address if you are going to carry on letting /managing yourself. Where the tenants did not want a proper job done on the water leak you should have intervened and controlled the situation stating you DID want the leak fixed and you the landlord are in charge. Do not let the tenants tell you what they want in future. I bet they try to turn this around to make you out negligent at any arbitration so look out for that one. Keep all your correspondence as proof. Inusrance claims usually have a finite time - ie claim to be made in 28 days or similar I think - so you better get on it. Call this one a steep learning curve!! On to the next...... Mortitia Link to comment Share on other sites More sharing options...
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