Ongoing damage observed during inspection - is LL right to intervene?

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    Ongoing damage observed during inspection - is LL right to intervene?

    Hi,

    At a recent inspection I saw that a plant pot had begun to leak onto the wood flooring. I moved the plant pot and informed the tenant. Tenant apologised no problem. I'm posting here because it had crossed my mind that I should not intervene / interfere with the tenant's belongings, even where it was causing damage.

    If I had not moved it and had instead simly informed tenant, could tenant have said I didn't mitigate damage, or given that I had first to move it to see the damage in full, that I had caused it / worsened the damage.

    Like I say, no harm this time, its a small matter, but should this happen again, what rights do LLs have? What should LL do in these situations?

    Any help much appreciated.

    #2
    Main thing is you noted it in your inspection report and any recommendations.

    Next inspection you can check to see if he has acted on it.

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      #3
      I would think it's a health & safety issue as it could have affected structural integrity of the floor and you were therefore acting in Tenant's best interest.

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        #4
        You should point out damage or anything you perceive to be a risk of causing damage. What the tenant does on the back of your observation is the tenants choice - you cannot tell a tenant how to live their life/where to put their plants

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          #5
          Unless you have particularly difficult tenant I'd use common sense.

          Comment


            #6
            Originally posted by cymro123 View Post
            You should point out damage or anything you perceive to be a risk of causing damage. What the tenant does on the back of your observation is the tenants choice - you cannot tell a tenant how to live their life/where to put their plants
            That is not really correct. If the floor needs fixing now to prevent the spread of dry/wet rot, then it needs a doing now (and the tenant needs to pay for the damage caused -- which might also be now). Of course you can "tell the tenant" not the damage the property. Causing extensive damage to a property is not "the tenant's choice"......

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              #7
              The plant pot had only just begun to leak and was described as a 'small matter' so I assumed it did not warrant a claim for damage at this time but of course was worthy of mention. The tenant will always be liable for any damage they cause but you cannot tell a tenant how to live their life and what they can and can't do in a hope your lifestyle guide will prevent damage

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                #8
                Yes you can. Because some folk are thick. Are you saying that you cannot explain to a tenant that they need to put the shower curtain inside not outside because that is imposed lifestyle advice. Cobblers - the intention is to save the tenant a massive bill or the stress of being sued. It is not lifestyle advice it is house care advice.

                Advising a tenant that they should not leave their underpants on the floor - is lifestyle advice - and probably not appropriate.

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                  #9
                  If I see an issue like this, I talk to the tenant about it and, if there's damage, document it with a photo so that we've got a record to compare it to on the next inspection. I also email a summary to tenants after every inspection and this would be detailed in the email. Next inspection, I'd have a copy of issues to check from previous email summary.

                  I can't stress enough how having a really good relationship with tenants makes something like this so easy to deal with. If you don't have that, something like this could escalate into something really hard to deal with.

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                    #10
                    Great - thank you.

                    So the advice is to always act to reduce the damage - any reasonable tenant would appreciate that, I agree.

                    I worried that if I didn't move it and my only action was to tell the T to move it, the the T could say for example 'I didn't see the email for two weeks and in that time real damage was caused, if you had moved it the damage wouldn't be so bad'. On the other hand I worried that if I moved it and say put it in the sink (which I did) the T would say 'you touched my stuff' or 'you left a stain in the sink', or something.

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                      #11
                      I advised my tenant on some matters way back in February when I issued a section 8. T did nothing about it so got a S21 (very long story). T did nothing about the issues and this is how I got my property back. T assured me windows were opened regularly for airing but there was mould on the window handle. The 2nd pic is dog dirt where the dog had been kept in the conservatory.

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