check out inventory ie damage to walls etc tenants responsibility, disputed by tenant

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    check out inventory ie damage to walls etc tenants responsibility, disputed by tenant

    ,

    Hi
    We have just parted with a tenant who occupied our rental for approx. 18 months
    Prior to them moving in
    We had to completely redecorate the 2 bed bungalow
    So that was emulsion all the walls, gloss to doors& skirting, emulsion ceilings etc.
    Garden cleared, jet wash to drive.
    We had a professional cleaning company in, prior to check in inventory.
    We had the check in inventory done, wall was recorded and photographed
    It was noted as such the cleaning and fresh painting was evident

    to be clear they broke the second year term,
    deposit was/is £ 2200.00
    with the renal owing of £ 1200.00
    there will be around £ 1000.00 on the account so to speak.



    Now
    From check out
    We arranged the professional cleaning company to attend , prior to check out inventory.
    The differences as noted from this inventory report.
    Yes there was some fair wear and tear to a few walls, this was photographed
    But at least 50% for the walls /doors/skirting will now need to be repainted, with comments as damage, chips, finger marks, ink, blue tac marks, all highlighted as tenants responsibility.
    We are of course disappointed as this now needs to be addressed again, we did most of this ourselves, but still paid over £ 700.00 to move it on a bit
    There is a large deep chip to the floor tile In the kitchen , bang in the middle of the walkway. (Yes there is a before pic ie them in, and then them out with chip)
    They left a fridge in the lobby/ hallway, this has either leaked or was defrosted in situ and the laminated flooring has blown/lifted considered as water damage, its not at the wall edge, is in the middle. Very evident .
    (Yes there is a before pic ie them in, and then them out with floor lifting )
    Curtains with marks and blue crayons
    Cracked bah panel, both toilet seats have been replaced, during term, now need to be again!
    Around 10 blubs spots etc not working
    With the best bit and adding Insult to injury
    They left owing nearly a full month of rental unpaid (yep we were chasing them , but over the last 6 months the end month payment date & collection just drifted later and later )

    With the rental owing , if we claim this
    There around £800.00 left

    So for from an independent view point
    Any suggestions guidance

    May I also say he disputes all of the comments in the report.
    Stating due to covid and home schooling what do I expect
    Noting the inventory was biased (same company did in and out)
    Last edited by douglast; 25-02-2021, 09:14 AM. Reason: missed the first bit sorry

    #2
    Claim for all of it. If the tenant is unhappy they can dispute it with the deposit scheme.

    Comment


      #3
      The amount that the tenant may owe you isn't limited by the deposit.
      Obviously the amount you can claim via the company who protected it is capped by the amount protected. but when discussing the claim with the tenant, don't limit the claim to the amount of the deposit.

      You claim on the basis of your loss beyond the expected fair wear and tear.
      So, for the decoration - starting with 50% of the original cost (because half has been damaged), you'd expect paintwork to last 6 years (say) and it lasted 1.5 years, so the compensation you want is (the original cost/2) /6 *4.5.

      You apply the same process for each element of damage - with the appropriate lifetime changing with each item.

      If something can be repaired more cheaply than the calculation, use the cost of the repair.
      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


        #4
        As jpkeates says, go through each element and claim for the damage pro rata for expected life. List each item with its cost as you have here and ensure you can back up your figures, so for laminate it is based on the cost you paid not the cost for new. If you do it like this it is very hard for the tenant to argue against it and DPS are more likely to find in your favour.

        Good luck

        Comment


          #5
          So we have at last a response from the old tenant as below
          No mention of the rental outstanding
          Now we find out he is a landlord !!
          “As a tenant I have contents insurance which would cover the valuables like jewellery, laptops etc. The tile chip damage comes under landlord insurance/building insurance and not content insurance..
          It should have been part of building/landlord insurance claim. “
          “You sent a couple of emails related to check-out instructions to book cleaning, book check-out etc. Paint and marks etc would come under normal wear and tear and because of lockdown people had to stay inside more as well.
          Also as a landlord my agency and us have never raised any paint issues to our tenants because these come as a part of wear and tear.
          Also I have not come across such issues as a tenant as well.
          Just in order to come to a resolution for this marks issue, if you agree I can offer to come and do the paint/touching to the areas which we have seen in the report.
          We could have easily rectified it provided we know that we are allowed to rectify it.”

          We will of course not allow access to our property, this is a guy who could not, it sems change a light bulb, or smoke alarm battery !!
          Will try to attach a photo or 2 of the walls , bearing in mind, its kinda nearly all the same I think damage, not fair wear and tear ( inventory details any exception which is )

          Comment


            #6
            I imagine he is a pretty grotty LL!

            Just because he doesn't do it doesn't mean you can't and imagine he is probably a bully who is used to getting his own way.

            Other than expressing surprise that as a LL he doesn't realise the difference between fair wear & tear and damage, I would ignore him, just send your detailed claim and then go straight to DPS.

            Comment


              #7
              just a few bearing in mind it is nearly evey wall

              Comment


                #8
                some more, inverntory detailed at least 20 more or less the same, cleaner tried to remove pen crayon marks, but to no avail

                Comment


                  #9
                  Have arranged for a flooring company to provide a quote to the wood floor,
                  Tiling company to look see at the tiles
                  Having a quote for the painting as well

                  They viewed whilst we were just finishing off painting last time,

                  Comment


                    #10
                    This damage would be down to the tenant and I doubt it is insurable. You would certainly have no obligation to insure against it. Just proceed with the claim and submit good evidence.

                    Comment


                      #11
                      He clearly didn't even try to clean it - I would be claiming for everything I could!

                      Comment


                        #12
                        Originally posted by douglast View Post
                        ,
                        We have just parted with a tenant who occupied our rental for approx. 18 months
                        ...
                        to be clear they broke the second year term,
                        ...
                        They left owing nearly a full month of rental unpaid
                        ...
                        with the renal owing of £ 1200.00
                        ...
                        deposit was/is £ 2200.00
                        That sounds like possibly an illegal deposit (unless 1200 is 'nearly' 1900, or the tenancy began before 1 June and wasn't renewed for a fixed term)?

                        Comment


                          #13
                          Always claim for everything to deposit protection scheme, even if it is way over the deposit amount.

                          That way you get as much as possible when the arbitration decides that some of your claim should be disallowed.

                          Comment


                            #14
                            if every wall is so heavily marked i think the whole place needs a repaint.

                            Comment

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