When tenants cause damage

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    When tenants cause damage

    Hello, I'll start by saying that I am not an experienced landlord or property developer nor do I make any money out of renting my old home it's purely because we had to move and house was in negative equity. So please don't judge as has happened before...

    we have had some tenants in for around a year. We have a very good agent managing it no problems to date.

    on their latest inspection they pointed out some water damage and mould inside on the wall near the back door and near the window. They said it happens every time it rains. This was the only info we had so we sent our contractor round who does our repairs thinking a seal has maybe gone or the guttering is causing it.

    he sent us photos saying all seals are perfect around doors and windows and guttering intact but they have done 2 things. They have fitted a hideous Curved shelter over the back door clearly for smoking and without permission, with a gap between that and the wall so rain will obviously pee down towards it Instead of away. It is exactly above where the damage is inside the house. This is something that has not happened over night and not been reported either.

    also they have installed security lights all over the house and outbuilding string the numerous wires across and through the window meaning it is not sealed when shut allowing water in. Exactly where the damage is. It's too much of a coincidence of what they have done and where the problems are. In 11 years we have never had any issues and my lovely refurbed kitchen is a mess.

    my question is are they liable to pay for the damage if they have done things to allow water in and also not reported it. Their exact words are every time it rains. They are Romanian and their English is only good when it suits... the agent is sending their builders for an opinion so waiting on that also

    thanks in advance

    #2
    Forget trying to get payment for damage. Just evict with s21 asap IIWY.

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      #3
      I rather doubt they got building control consent for the outdoor wiring!

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        #4
        They are liable for any damages - beyond fair wear 'n tear - and unpaid rent. Once they have left. You won't know yet what that is.

        Write them a calm & polite letter noting breaches of tenancy terms and damage you are - so far - aware of.

        Does inventory and move in photos show everything ehere you claim damage? If not, if it goes to arbitration or court you might not get damages.

        Sorry: Sorry there are worse tenants.

        After 11 years I'd expect complete redecorating needed by landlord etc etc
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Yes we have a full inventory of everything photos of all walls doors windows carpets the lot very thorough document shows condition of everything.

          As for not decorating in 11 years what are you basing that on?? We have owned the house for 11 yr only rented it for 5. The house had been fully refurbed brand new kitchen and decorated so was in lovely condition when we handed it over the walls were perfect so where has the huge water damage and mould come from in the last 6 months and has tied in with their little additions to the property! There is a difference between a property getting a little tired and needing decorating and outright water damage caused by carelessness

          I just came for some advice but as usual you get jumped on with no actual advice


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            #6
            Owner occupiers put up with levels of dilapidation that are unacceptable in rented properties. Paint and wallpaper that have been there for 11 years will have no residual value.

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              #7
              As i said the paint and wallpaper has not been there 11 year we refurbed it 5 yr ago and rented to a very good family member brfore these ones so it was in lovely condition still. The house has never had mould or water damage.

              what exactly is your point? My point is that they have allowed water to damage the property. It is not general wear and tear. it was not there at their last inspection and has appeared since they fitted the things I mentioned above.

              all I asked is can they be held liable if their actions have caused damage. It needs sorting asap but why should I pay for their carelessness

              Comment


                #8
                Yes, they can be held liable for the cost of putting right the damage they have caused.

                Your first step is probably write to them (or get your agent to write) and point out the two problems you think they have caused and tell them to remove the shelter and the lights and that you will then put right the associated damage and that they will be charged for that work.

                If you're right about the damp being due to the shelter, it will probably not be a difficult job once it's gone.

                If they don't comply, serve notice.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Did they pay a Deposit that was duly protected?
                  I fear you have a close personal attachment to your property and little knowledge of being a LL.

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