Oil leak & deposit return

  • Filter
  • Time
  • Show
Clear All
new posts

    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?
    Siding with the tenant
    Siding with the landlord

    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).


      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...


        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.


        Latest Activity


        • Reply to Tenant misleading everyone
          by DPT57
          I think the NTQ may be your best option. The tenant could defeat it by returning to live there but that would at least enable you to get the rent payments reinstated. If they dont return, the tenancy will end. You can serve the notice at the property, but make sure its also sent to wherever the tenant...
          16-06-2021, 22:08 PM
        • Tenant misleading everyone
          by bertha
          I have a tenant who is been difficult I think due to health/mental problems,for the last year I have not been able to carry out epc,gas inspections.It seems tenant has been staying elsewhere ,I informed housing I could not enter the property and was advised by landlord liason officer to get a locksmith,enter...
          14-06-2021, 13:20 PM
        • Reply to Inventory help
          by DPT57
          I based mine on an old RLA template. I think NRLA still have one. You could try that....
          16-06-2021, 22:00 PM
        • Inventory help
          by Helvie
          Hi, Can anyone point me in the right direction as to where I could download a good quality inventory check list and guidance form, thanks.
          13-06-2021, 14:56 PM
        • Reply to New Tenancy
          by DPT57
          Your questions are too wide ranging for a forum. The answers would form a long article. Asking questions on here is not a substitute for reading. I suggest you join the NRLA and read all their guides and checklists....
          16-06-2021, 21:54 PM
        • New Tenancy
          by SpringGreen
          After the property is ready for advertistng what does a landlord need to mindful of.
          1. what are the pros and cons in terms of tenancy agreement CONTRACTUAL AND STATUORY ?
          2. applicants - how do landlord usually vet them ?
          3. inventories (what comments or descriptions to use ? )...
          12-06-2021, 09:11 AM
        • Reply to County Court Bailiffs 1 June
          by Perce
          Slackjawedyokel - my tenant does not seem to be in the property. I have no clue where he is or whether he will return.. The neighbours said that police were looking for him but when I checked with the police they could not find anything on the system. The police were very nice and helpful and asked...
          16-06-2021, 21:20 PM
        • County Court Bailiffs 1 June
          by Perce

          I have a warrant for repossession, the ban is over tomorrow. How long does it take to hear from the County Court Bailiffs ? 1 week ? 1 month? What is the process ?...
          31-05-2021, 11:30 AM
        • Reply to Pre action protocol
          by flat27
          Thank you for all your knowledge!! I’ve been reading about part 36 - they haven’t said it’s part 36 and they haven’t explained the basis of their figure. Also they have only given 7 days not 21.
          I assume therefore it cannot be taken as part 36?
          I’ve read that part 36 cannot be...
          16-06-2021, 21:07 PM
        • Pre action protocol
          by flat27
          Hi - my tenant has moved out and has caused extensive water damage due to not reporting a leak and just leaving it to cause damage. We have tried to claim damages but he does not want to sort this amicably- does anyone have a template pre action protocol letter to start the court process? Any advice...
          15-06-2021, 17:06 PM