Oil leak & deposit return

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    Oil leak & deposit return

    Hi all,

    I had a look through past topics but struggled to find anything that quite covered it. Hope this is OK to post.

    My tenant had an oil leak on the drive during lockdown 2020 which ended up in quite a sizeable and deep stain. I never saw the original stain myself but was sent photos via the estate agent. After my tenants spent time cleaning it, I was sent photos of the drive and I confirmed I was happy with the condition and told them the issue was resolved. However, they gave in their notice within the next 2 months and by the time they left the stain had returned!!

    I had asked them to put a cover sheet down to prevent it happening again, which they said they did, but they must have had another oil leak! They said they didn’t and the car was fixed. Now the surface of the tarmac is crumbling due to the damage caused by the pressure washer used.

    They want to fight me against taking money out of their deposit, saying that although they admitted the original oil leak was their fault, they say it was no longer their responsibility as I had closed the issue. I’d argue that the drive is still their responsibility until they leave.

    Who would the DPS people side with? Do I have to prove they had another oil leak? Would it be enough to say it was a continuing problem from the original spill and therefore it could be reopened? They did come back and clean it on my request again after leaving but I still wasn’t happy and it just made things worse.

    What do you think?
    3
    Siding with the tenant
    33.33%
    1
    Siding with the landlord
    66.67%
    2

    #2
    Your claim is for compensation for a loss beyond fair wear and tear that happened during the lease.

    You don’t have to prove who caused the loss, just that it exists and there is a reasonable value being attributed to it.
    The deposit company adjudicator. will decide on that basis.
    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


      #3
      Originally posted by jpkeates View Post
      Your claim is for compensation for a loss beyond fair wear and tear that happened during the lease.

      You don’t have to prove who caused the loss, just that it exists and there is a reasonable value being attributed to it.
      .......
      Errr.. so tree falls from next door, nothing to do with tenant, demolishes shed etc & tenant pays?


      Think this may depend on what photos and inventory have on the drive: bzw anything??
      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...

      Comment


        #4
        By surmising, you seemed to have been shocked perhaps from a sudden notice of tenants and also have a drive way with some outlandish surface. Because even in a car garage, their 99.99% oil dropping washed away leaving the surface/pavement shinier even after couple of rains. Unquestionably, when such palpably vacuous claims gets thwarted by the adjudicators then emit a sense of sheer misconception as if they are slanted by default towards tenants.

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