cmc Posted February 3, 2011 Report Share Posted February 3, 2011 I have a previous tennant who has just moved out who caused damage to the wooden floors all over the property. I organised a quote which I sent to him and claimed back half of the amount. i.e half of what it would cost to get the floors replaced. He is now asking me for a receipt to prove that I have changed the floors which I have denied to provide. My understanding is that the tennant has "compensated" me for the damage caused which is part fo the contract. I believe it's none of his business whether I have re-done the floors or not. He caused the damage and should therefore pay for the damage caused. He is now threatening to get a solicitor involved. Am I wrong in refusing to provide a receipt and proof that the floors have been replaced? Link to comment Share on other sites More sharing options...
Melboy Posted February 3, 2011 Report Share Posted February 3, 2011 Depends on what your agreement was between you and your tenant for settlement for damage caused doesn't it? Compensation payment for damage caused....or money paid towards new floorboards which need to be replaced. You have asked for monetry compensation for damage done and your tenant has admitted liability and agreed to a shared cost to replace the floorboards......nothing wrong with that BUT if you have accepted 50% of the money for remedial repairs from them and then not gone ahead and replaced the damaged floorboards then it could be argued that you obtained the money by misleading your tenant of your actions and that you have no intention of replacing the damaged floorboards.....and my guess is this is where they are coming from by their threats of legal action and you might find they have a very valid point...in law ..that is because you have shown them a quote for having to have the work done as replacement and not compensation. Just my thoughts on your problem others may disagree......... Mel. Link to comment Share on other sites More sharing options...
Selkirk Posted February 4, 2011 Report Share Posted February 4, 2011 Sorry CMC have to agree with Melboy, if the T has contributed to a cost then he is entitled to see the receipt imo, all above board then. cheers Selkirk Link to comment Share on other sites More sharing options...
Mortitia Posted February 4, 2011 Report Share Posted February 4, 2011 CMC - you don't say exactly what the damage was but it seems it was to every floor? I agree with the others. You are acting deviously by not sending him a reciept for the work which would suggest that the work was not essential and by not replacing the floors you are making a profit. I don't think that is morally right. Mortitia Link to comment Share on other sites More sharing options...
cmc Posted February 8, 2011 Author Report Share Posted February 8, 2011 Hi All, thanks for your replies. My argument is that he DID NOT want to pay for the floors being replaced and instead HE agreed to compensate a % of the damage done. Link to comment Share on other sites More sharing options...
Mortitia Posted February 9, 2011 Report Share Posted February 9, 2011 What does it say in the AST with this person on damage? Does it actually say 'pay compensation to the landlord' for damage done? If not he/she could have a case against you. Mortitia Link to comment Share on other sites More sharing options...
Trenners Posted February 9, 2011 Report Share Posted February 9, 2011 Hi, I agree that the tenant is absolutely entitled to a receipt to show what you spent HIS MONEY on. He agreed to go 50/50 in the replacement or repair of the floor .... that is fine ... he admitted liability and paid you for the work to be done (on an agreed 50% basis). I assume this topic has been posted because you actually "pocketed" the tenant's money and did not get the floor repaired at all. If that is the case ..... I hope he sues you .... and I hope he wins .... People like you give us honest landlords a bad name!! If I am wrong (and you have had the work done) then I apologise for my comments above ..... but still do not understand why you would not want to show the tenant how you spend their money. It smells as though you have something to hide ....... if not .... what is the problem with photo-copying a receipt and putting it in the post? Mark Link to comment Share on other sites More sharing options...
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