Check out damage

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    Check out damage

    Hello,

    Starting info: Property let in England, 12 month AST began Jan 17. Rolling since. Deposit of £900 taken and protected within time frame, good inventory taken and signed for at the start of tenancy. Served s21 but Tenant served NTQ via shelter template and accepted by me.

    The T refused to do a check out inventory with an independent company prior to moving out and cut all communications with myself and the LA and just moved out. They are refusing to return the keys and have requested via the DPS for the return of their deposit minus £100 to me....

    The company doing the check out have been and there is damage done that will hugely exceed the £900 deposit, burnt carpets, smashed mirrors, doors ripped off hinges, bath ripped out, chunks missing out of walls the list goes on. Some of this is clearly malicious and criminal damage in my opinion. What are my options here? Would the police be interested? MCOL? They have a guarantor.

    They have moved into council housing and have started to claim benefits recently. I am surprised they were accepted as the reference I gave was full and honest.

    Anybody had a similar experience and had a win? Should I just suck this up? I can safely say I will never rent a property out again. Seriously bad for your health!


    #2
    Perform the Check-out, send both the results and the claim amount to the T and G, if they don't make payment sue them in the small claims if the amount is under 10k, get judgement in your favour, then get bailiffs at the door of the G and T (Unlikely the T will have anything of value), hopefully the G.

    Comment


      #3
      As above, sue them using MCOL for the fully damage and ask the court for the deposit to be given you to in part payment. Keep the deposit scheme apprised.

      It doesn't matter that they have the keys as their tenancy ends on expiry of their notice. You can just change the locks and add the cost to their debt.

      Comment


        #4
        I agree with @DPT57.

        Spend some time getting the check out right and make sure that each individual claim is properly documented and correctly worked out - so it's hard for the tenant to defend your claim.
        Whether you will recover anything more than the deposit will depend on whether they or the guarantor actually have any money.

        It's worth considering whether to claim against the tenant and guarantor at the same time or one after the other.

        Sending pictures of the damage to the guarantor might be interesting.
        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


          #5
          Cheers for the advice. I’ll get it all priced up with quotes etc then send them a bill alongside the checkout.

          Can you claim for the tradesmen doing the work as well as the physical item cost? E.g. Broken toilet. So I can claim for X% amount of the cost of a new toilet + fitting?

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            #6
            Yes, how else would it be fitted?

            Comment


              #7
              What you're able to claim for is compensation for what you have lost, not what it costs to replace it.
              You have to allow for the age of the items that are being replace and your loss is based on that adjusted figure.

              So your losses are (almost never) going to match what the outlay is today.
              The tenants had been there for four years (?), so there's four years of fair wear and tear that has to be allowed for.

              Not that that will make much difference for a toilet which would have been expected to last a long time.
              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


                #8
                Yeah I am aware that I have to take into account expected life % for certain items like carpet etc. I have LL insurance so fingers crossed that is a painless experience for the rest of the damage above and beyond the deposit.

                Comment


                  #9
                  If they're working, I would sue the tenants for the lot.

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                    #10
                    If I claim on Landlord insurance I take it I can only sue for insurance excess charges and not the cost of the full jobs? Racking up to over 2.5k so far!

                    Comment


                      #11
                      I'd check the policy or with the underwriter - many landlord's policies exclude this kind of tenant damage.
                      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

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