Charging tenant mid tenancy for damage.

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    Charging tenant mid tenancy for damage.

    Hi All

    I'm looking for some advice.

    I have a tenant who damaged a new worktop, so it must be replaced as it can not be repaired. The tenant will continue living in the flat, but I would like to charge them for the damages now. Am I allowed to charge the tenant for the worktop? Or do I have to wait for them to move out and then take the money from the deposit?

    The reason I want to take the money from them now, is because they are not great at paying rent, so I worry they will end up leaving in arrears and will need to use the deposit for that.

    Thank you all for your advice in advance.

    Andrew

    #2
    Assuming your tenancy agreement doesn't say anything about the situation, you can try and recover the cost from the tenant.
    You should adjust the amount you claim to reflect what you've actually lost (so allowing for fair wear and tear and life "to date").

    There's a conflicting argument that the tenant might prefer for the work to be deferred if they're happy to live with the problem - because if they live in the property for a while, the compensation due to the landlord might be less.
    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).

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      #3
      What damage that is so bad it HAS to be replaced now? I'd let the tenant continue living with it: If everything else OK after 2 years (eg rent always paid in full, on time, no other damage, neighbours happy) I'd then think about it.

      If you replace he might damage it again.
      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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        #4
        If they are that careless and not good at paying rent then I would consider issuing a s21 asap before they do any more damage

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