DISPUTE WITH EX TENANT.

[chris363]

HI GUY'S

I'LL EXPLAIN THE SITUATION THEN I WOULD LIKE YOUR ADVICE.

EX TENANT OF 3 WEEKS NOW. THEY LEFT AND WOULD NOT SIGN OFF THE PROPERTY AND GO THROUGH THE INVENTORY WITH MY BUSINESS PARTNER EVEN THOUGH IT HAD BEEN EXPLAINED TO THEM THAT MY PARTNER WOULD CALL AND DO THIS IN MY PLACE (I WAS AWAY ON HOLS).

ON MY RETURN SEVERAL DAYS LATER I INSPECTED THE PROPERTY TO FIND THE KITCHEN AT SOME TIME HAD BEEN FLOODED. THE SMELL WAS MENTIONED TO THE TENANT WHO BLAMED IT ON A STALE MOP IN THE CORNER. THE LAMINATE FLOOR WAS ALSO DESTROYED AS WELL AS SEVERAL KITCHEN UNITS AS THEY HAD SOAKED UP THE WATER LIKE A SPONGE. THIS ON TOP OF THE SMELL, THE 5 DAYS PAST THEIR RENT DATE, THE FACT THAT THEY HAD NOT REFILLED THE OIL TANK TO ANY LEVEL (PREVIOUSLY AGREED TO DO THIS) AND THE UNNATURAL STAINS ON THE CREAM SOFA.

THIS I FELT WAS ENOUGH TO RETAIN THE £450 DEPOSIT FROM THEM AND I ALSO THOUGHT WITH THEM MOVING IN THE WAY THAT THEY DID THEY KNEW OF THE DAMAGE THAT THEY WOULD NOT CHASE THEIR DEPOSIT. HOWEVER HE CONTACTED ME IN WHICH HE WAS TOLD OF THE DAMAGE AND HE STILL REPILED HE IS ENTITLED TO £200 OF THE MONEY BACK AND IF NOT HE WOULD MOVE BACK INTO THE HOUSE AND NOT LEAVE. . I REPORTED THIS TO THE POLICE WHO TOLD ME THAT THIS WAS A CIVIL CASE THEREFORE THEY COULD NOT DO ANYTHING.

NEEDLESS TO SAY I HAD A SWEAT ON FOR THE EVENING BEFORE I COULD GET TO A HARDWARE SHOP THE NEXT DAY FOR A NEW SET OF LOCKS!! THEY HAVE NOW BEEN CHANGED THANKFULLY AND I HAVEN'T HEARD OF THE TENANT NOW SINCE SAT EVENING.

WHAT DO YOU GUYS RECOMMEND I DO NEXT?

AND WHAT IS MY BEST COURSE OF ACTION TO TAKE NOW ?

[Melboy]

You need to list the items that you are claiming for and state the reason why you are withholding the deposit money to pay for the damage that has occurred.

Mention the fact it would have been in their own interest to have informed you of the flood damage at the time it happened rather then allowing you to discover the damage on taking the property back..

Offer to go to 3rd party arbitration on the matter if they think they are being hard done by in order to resolve the issue. I doubt whether you will hear from them again.

[Trenners]

Hi,

I think it is important to remember that the Security Deposit money belongs to the tenant and not to the landlord. It is very reasonable for a landlord to make deductions from the Security Deposit for damage caused to the property by the tenant (or people that the tenant invited onto your premises).

As Melboy advises, you should itemise the damage and the amount being deducted for each item. Receipts should also be kept as appropriate - and copies provided to the tenant (on demand).

However, it may not be fair to deduct money from the tenant if you are able to claim against your insurance policy. ie: If the flood damage was caused by an "act of god" - rather than the tenant letting the sink overflow - then you should, in my opinion, try and recover the cost of repair via the insurance policy.

If you are unable to recover the cost via insurance (because the tenant didn't report the situation to you) then it would be reasonable to deduct the amount from the deposit.

Hope that helps ....

Mark

[Reg]

I think your ex tenant is just trying it on, after all in, it's worth a go if they possibly can get £200 back. You've changed the locks, well done.

Your ex tenant caused damage and smells in the kitchen. You are well within your rights to keep the full deposit. I wouldn't give into the ex tenant's demands, i would do nothing, don't feel threatened, but if they try it on again, twist it around and say that you've been advised that the only way to get rid of the smell is strip the laminate flooring and to hire a de-humidifier for two solid weeks.

So you're losing two weeks rent ('cause you can't let it out until that awful smell has gone away) and the cost of hiring or purchasing a de-humidifier. The costs of these things easily outweigh £200.

In the first instance tell them this, if they still try it on (very unlikely), then turn the tables even more, call their bluff and threaten CCJ action to reclaim the expenses of putting right you property.

This is devious, but believe me, i started out letting property five years ago, some tenants take the piss, so you gotta play them at their own game.

Best of luck

[chris363]

thanks guys for your advice it's very much appreciated.

I did briefly mention the oil level also. this was a full oil tank when they moved in and was to be re instated to that level when they moved out. This to replace alone would cost around £300. I wouldn't normally do this but it was my home and my oil in the tank prior to letting the property out otherwise there wouldn't have been so much in the tank. There is also other damage which i didn't mention as it wasn't as major but all the same he's cost me an estimated £1200. Forgetting the loss of rent for duration of the property being fixed up.

i personally think he's a chancer also but was worried that i was heading for something more serious with him. hope not.