Breach of Contract/Damage to property

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    Breach of Contract/Damage to property

    Hi again,

    I have just come back from an agreed landlord inspection one month before the T moves out. Since the last visit t has;

    Installed a satellite dish after I refused permission as t would only be there two more months and I didn't want the damage of installing and then removing Satellite as t informed me they would be taking it with them.

    Moved more of t family into the property, despite clause saying visitors should be no more than three weeks in any 3 month period. I know this has been more than 3 weeks and the flat is now crowded, IMHO.

    Communal entrance way is now also blocked with multiple prams, bikes, etc and should have been kept clear. Spent 10 minutes moving things to ensure delivery of new washing machine to other flat.

    Is there anything I can do, or I am best to chalk it down to experience given she is going anyway.

    T has an AST with 1 months deposit secured in approved scheme over £200 in additional costs has already been deducted by LA so not much left I fear!
    This is only my interpretation and I suspect I may be wrong

    #2
    You nor the agent can deduct anything from the tenant's deposit unless approved by both L & T at end of tenancy.

    Write to the tenant now, confirming your visit and list all the potential breaches, and state you will be submitting this to the TDS in the event of a dispute when they vacate.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      The tenant is still in occupation. Write to the tenant instructing them to remove the satellite dish and rectify any damage caused as a result of the installation well before they depart. You never know, maybe everything will be A OK on your final inspection.

      The other things mentioned are not actionable.

      BTW. I always take a six week deposit.

      Comment


        #4
        Originally posted by Poppy View Post
        The tenant is still in occupation. Write to the tenant instructing them to remove the satellite dish and rectify any damage caused as a result of the installation well before they depart. You never know, maybe everything will be A OK on your final inspection.

        The other things mentioned are not actionable.

        BTW. I always take a six week deposit.

        If prams, bikes etc are blocking a communal area (quite probably a fire escape route) I would find that very actionable !

        The Rodent
        A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
        W.Churchill

        Comment


          #5
          Originally posted by Rodent1 View Post
          If prams, bikes etc are blocking a communal area (quite probably a fire escape route) I would find that very actionable !

          The Rodent
          Flat is a small 1 bedroom with communal access to corridor to front door, which also acts as a fire escape route. My concern was that the fire escape had been sufficiently blocked that in the event of a fire there would be a lack of escape route for all of the tenants. There are multiple clauses in the contract stating this area should always be kept clear and no bikes, prams etc should be stored there. There is no enforcement clause or penalty though if this is not adheered to. I have written to t and they lock the bike outside for a couple of days then move it back in. I write again but it just gets ignored. I know this is not as serious a problem as other LL are facing but it irritates me that T is able to put other peoples safety at risk without penalty, yet if I were to do it as LL, I would most likely have had a court judgement, fine and be sued by t for compensation by now!

          Any suggestions for ensuring the fire escapes are kept clear in future??
          This is only my interpretation and I suspect I may be wrong

          Comment


            #6
            Originally posted by Reading_up View Post
            Flat is a small 1 bedroom with communal access to corridor to front door, which also acts as a fire escape route. My concern was that the fire escape had been sufficiently blocked that in the event of a fire there would be a lack of escape route for all of the tenants. There are multiple clauses in the contract stating this area should always be kept clear and no bikes, prams etc should be stored there. There is no enforcement clause or penalty though if this is not adheered to. I have written to t and they lock the bike outside for a couple of days then move it back in. I write again but it just gets ignored. I know this is not as serious a problem as other LL are facing but it irritates me that T is able to put other peoples safety at risk without penalty, yet if I were to do it as LL, I would most likely have had a court judgement, fine and be sued by t for compensation by now!

            Any suggestions for ensuring the fire escapes are kept clear in future??

            I agree with Rodent that this is a very serious issue. I would be tempted to put up a large laminated notice in the hallway saying 'Blocking this hallway with prams, bikes, etc, blocks the fire escape and means you and your family may be trapped/ unable to get out quickly if there is a fire. Offending items will be removed.'

            If people still leave stuff in the way, remove it to somewhere they cannot get at it and leave a printed note with your phone number for them to contact you about its return. When they ring you, give them the lecture again.

            Warn them that if they continue to block the fire exit, they are in breach of contract and they could face eviction. Be prepared to carry out this threat.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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