Property Damage and deposit.

[Lowe]

Hi everyone,

Could you please advise. I had 2 tenants move out of a flat 2 weeks ago. They lived in the property for 13 months. Before they moved in the bathroom was decorated with new tiles, flooring, fixtures ect. When the tenants left (13 months later) the shower/bath area looked very different. The tiles and sealant had dark red and brown stains deeply embedded into the grout and sealant area... it looked as though the shower was 10 years old and not been cleaned in a long time. As you probably know this only happens when a bathroom/wet room area is not cleaned appropriately and on a regular basis.

I paid a builder to fix this and took it from the tenants deposit (I am in Scotland). The previous tenant is now saying this is unfair and wants to take legal advice. Please note I forwarded the invoice to the tenant for the work done to show this was the cost for the work.

I also emailed the tenant prior to them leaving the flat to say the grouting needs to be white and in the same condition.

To note, they also left wax all over the marble fireplace and floors, permanently stained the top of the brand new washing machine, the kitchen had a piece missing, a plug for the TV bracket was bent and needed replacing and the cleaning took 5 hours... hair in the plug hole and dirt under the furniture, windows had not been cleaned. I only charged them for the grouting and sealant as I could fix everything else myself or it would not hinder me renting the property in the future.

As the tenants only had the flat for 13 months and the damage was caused by them not cleaning the tiles properly… do you think I was right to take this from their deposit?

You advice and opinions would be greatly appreciated.

Mrs Lowe

[Grampa]

Did you have a signed inventory?

[Mortitia]

Yes I do think you were right to take money off the deposit. I often don't do inventories but always say to tenants that they would 'not move in or consider my property if it were not clean and in good condiiton' - this reflects on themselves, they always agree and I rarely get left with a dirty property.

Always make it clear at the outset that the property must be returned to you in the condition it was let.

BUT - did you not do regular inspections and see this damage happening?

Mortitia

[Carryon Regardless]

[Richlist]

I paid a builder to fix this and took it from the tenants deposit (I am in Scotland). The previous tenant is now saying this is unfair and wants to take legal advice. Please note I forwarded the invoice to the tenant for the work done to show this was the cost for the work.

It really depends on what the builder did, the cost, wether there was any betterment and wether the amount claimed took wear & tear into account.

I also emailed the tenant prior to them leaving the flat to say the grouting needs to be white and in the same condition.

Be realistic.....thats not reasonable. Grouting will discolour and stain over time. That would be considered normal wear & tear. You cannot expect anything to be returned in exactly the same condition.

To note, they also left wax all over the marble fireplace and floors,

IMHO that is tenants responsibility

permanently stained the top of the brand new washing machine,

With what ?

Washing machine tops are usually designed to withstand most cleaning agents and chemicals you'd find in a kitchen. Perhaps you should be taking the matter up with the wash m/c manufacturer not the tenant.

kitchen had a piece missing,

Presumably it was identified as being present on the inventory ?

a plug for the TV bracket was bent and needed replacing

IMHO down to the tenant.

and the cleaning took 5 hours... hair in the plug hole and dirt under the furniture, windows had not been cleaned.

OK BUT you cannot charge for your own time doing this only for materials.

As the tenants only had the flat for 13 months and the damage was caused by them not cleaning the tiles properly… do you think I was right to take this from their deposit?

Not necessarily.....see my comments above..

[Chestnut]

Why not wait and see what comes of ex-tenants' 'legal advice'? You've made your point and they've noticed. They might make a compromise offer that you should accept.

But if they look like suing (for their money), consider the weaknesses of your defence (as Richlist states above) and pay up.

The damage mentioned doesn't seem worth legal costs.

[Lowe]

Thanks everyone.

Just to note the only money I claimed for was the shower which was not a massive amount and they got 85% of their deposit back (the other damage I did not claim for as I could fix myself without getting someone else in). The damage would have put off potenial tenants unless it was fixed. I only claimed from the deposit as I had to get a builder into replace this. I have also issued the invoice to the tenant and told them they can contact the builder to confirm this is what he did and what he charged.

To note also.... this was not a small section nor could could it be rectified with speclist cleaners or elbow greece (I really tried). I did email the tenant prior to them leaving to say this would have to be corrected or it would come from the deposit. I also asked the tennant to detail in an email when they moved in any damage or stains etc in the property and this was not listed (in addition to the inventory). We also have pictures of before and after of the shower area (which shows the level of damage).

I am not trying to scam anyone... this was not a few marks or small stains (as I do understand wear and tear). We issued them with a sparking bathroom with brand new tiles and it was issued back in poor condition and frankly it looked awful due to the lack of cleaning. ???

Thanks again!!!!

[Richlist]

Let me play devils advocate........

If I were your tenants I would dispute your claim on 3 counts.

1) I'd probably say that during the 13 months of the tenancy the shower was used correctly and to its design intent, cleaned using proprietary cleaners, from major manufacturers and which were developed specifically for bathrooms.

2) Any staining is not the tenants responsibility but is as a result of defective parts or installation which falls clearly into the area of landlord responsibility.

3) At no time during this tenancy did the landlord or their agents identify the stains as a problem EXCEPT during the last few weeks of the tenancy when the landlords claim was not agreed by the tenant.

I also asked the tennant to detail in an email when they moved in any damage or stains etc in the property and this was not listed (in addition to the inventory).

It is NOT the tenants responsibility to provide an accurate inventory and schedule of condition. It is not acceptable for the landlord to transfer responsibility to the tenant.

We also have pictures of before and after of the shower area (which shows the level of damage).

But that in itself does not make the tenant responsible.

Just because the landlord has a problem does not give them the right to point the finger of blame at the tenant unless all other areas have first been investigated. Clearly that was not the case. Blaming a tenant is always the easy option.

On the basis of what you have written, as a tenant, I would expect to win this claim against you and have my deposit returned in full.

Take care if you proceed.